Zubik v. Burwell

Under the Affordable Care Act, employers must provide their employees with health insurance coverage that includes contraceptive care. However, the government has created an opt-out procedure for religiously-affiliated nonprofits, who are relieved of any obligation to provide contraceptive care coverage if they submit a form to the government noting their religious objection. The contraceptive care coverage will then be paid for and administered by a third party. Plaintiffs nonetheless claim that their religious rights are violated by this accommodation. The ACLU amicus brief supporting the government focuses on the history of race and sex discrimination in this country to demonstrate that our social and legal norms have generally moved past the point where religion can be used to justify discrimination or to seek an exemption from anti-discrimination laws.