A divided federal appeals court today upheld the so-called contraceptive mandate against arguments that it violates the constitutional and statutory rights of religious organizations.
Splitting 2-1, the 7th U.S. Circuit Court of Appeals held requiring eligible organizations to sign a waiver placing the responsibility for providing contraceptives and sterilization procedures for women on a third party does not place an undue burden on the exercise of First Amendment rights.
The court also held the mandate passes muster under the federal Religious Freedom Restoration Act of 1993.
The mandate is included in the Patient Protection and Affordable Care Act.
An accommodation allows eligible organizations to sign a waiver that passes responsibility for providing birth control services to group health plans and third-party administrators of self-insured plans.
The mandate was challenged by a group of religious, not-for-profit organizations.
“It is the operation of federal law, not any actions that the plaintiffs must take, that causes the provisions of services that the plaintiffs find morally objectionable,” Judge Ilana Diamond Rovner wrote in an opinion joined by Judge David F. Hamilton.
The majority, however, allowed an injunction in favor of the plaintiffs to remain in force for 60 days to allow U.S. District Judge John E. DeGuilio of the Northern District of Indiana to consider other arguments the plaintiffs might raise.
In a dissent, Judge Daniel A. Manion argued the accommodation “never relieves the religious non-profits or their health plans from the provision of contraceptive services which burdens their religious exercise.”
The case is Grace Schools, et al. v. Sylvia Mathews Burwell, et al., No. 14-1430, and Diocese of Fort Wayne-South Bend Inc., et al., v. Sylvia Mathews Burwell, et al., No. 14-1431.