Lower courts must now take another look at the case, which consists of making an exception for faith-based groups so they do not have to cover the birth control costs of their female employees.
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The U.S. Supreme Court Monday ducked a ruling on the highly contentious issue of contraceptive coverage for religiously affiliated non-profits, while endorsing the outlines of a potential compromise. The case concerns the administration’s arrangement for sparing faith-based groups from having to pay for birth control for women covered under their health plans.
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The lawsuit consolidates seven separate cases in which the challengers claim the ACA’s contraceptive mandate violates their religious freedom.
Ginsburg said she did not agree with the court’s decision to send the case back to the lower court to determine whether Robins was actually injured by the incorrect information. Already two cases have resulted in 4-4 ties since the conservative’s death in February. It said a ruling for the groups would disadvantage tens of thousands of women.
At oral arguments in March, the justices seemed divided and a few days later issued an unusual order for more briefs suggesting that they were searching for a compromise.
However, the court made clear that because the employers who have sued have already in effect notified the government of their objections, the government can rely “on this notice, to the extent it considers it necessary, to facilitate the provision of full contraceptive coverage going forward”. “The Court expresses no view on the merits of the cases”, the opinion said.
“Instead, the government will have to find a way to fulfill their mission – massively increase access to contraception, including abortifacient drugs – while respecting the deeply held religious beliefs of these good women and not hijacking their insurance plans”, said Grazie Pozo Christie of The Catholic Association. “Eight of nine circuit courts of appeals have already upheld women’s access to birth control no matter where they work”.
All but one federal appeals court had ruled in favor of the government in earlier decisions in the cases. They said their rights were violated under the 1993 Religious Freedom Restoration Act.
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For their part, the Christian employers said their religious rights would not be infringed upon if the government required coverage to be supplied by their private insurer as long as they do not have to take any action seen as endorsing it.
