Tuesday, January 1, 2013
Religion trumps contraception mandate
In a divided opinion the Seventh Circuit has issued an injunction in favor of an employer and its owners against the contraceptive mandate of the Patient Protection and Affordable Care Act (ACA). This case (and the several others raising the same issue) set up an epic showdown between employers (and it seems also owners) claiming religious objections to mandated programs. In this instance the employer/owners objected to "no cost sharing contraception, sterilization and medical services the Catholic religion teaches are gravely immoral." The employer/owners claimed the imposition violated their First and Fifth Amendment rights as well as the Religious Freedom Restoration Act. In reversing a trial court denial of injunctive relief the divided panel found the employer and its owners had exhibited a likelihood of success necessary for injunctive relief. A split in circuits exists and the issue probably will reach the Supreme Court. On this one, Judge Rovner's dissent makes a lot of sense.