“The court asked some tough questions and is clearly giving this a very in-depth look,” said Americans United Legal Director Ayesha N. Khan, who argued the case. “We hope they agree with our position that the federal government had very compelling reasons to ensure women’s access to contraceptive benefits, and that it has sought to provide that access while showing great sensitivity to religious objections and concerns.”
The dispute in University of Notre Dame v. Burwell centers on a regulation issued under the Affordable Care Act permitting religious nonprofits to opt out of providing contraceptive coverage to employees and students by notifying either their insurance company or the U.S. Department of Health and Human Services of their religious objection. If a non-profit opts out, federal law requires that their insurance company then separately make contraceptive coverage available to affected employees and students at no cost to, and without further involvement by, the non-profit.
The 7th Circuit Court ruled 2-1 in February 2014 that the regulation does not violate the Religious Freedom Restoration Act. But Americans United, which intervened in the case on behalf of three Notre Dame students, was back before the appeals court today because the Supreme Court in March ordered the lower court to review its decision in light of Hobby Lobby.
Americans United has argued that no federal appeals court has accepted Notre Dame’s argument – either before or since the Hobby Lobby decision. The students just want to ensure that they have access to contraceptives, which they cannot afford to purchase on their own.
Americans United Fights In Federal Court For Student And Staff Access To Contraceptives At Notre Dame | Americans United
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