The Denver-based Little Sisters of the Poor, who sued to avoid complying with the Affordable Care Act contraception mandate, lost Tuesday in the 10th Circuit Court of Appeals, which ruled they must allow employees to have contraception coverage.
The Affordable Care Act requires employers who provide health insurance coverage to include benefits for preventive care, including contraception, without cost to their insured employees. The Little Sisters challenged the process they must follow to become exempted from the contraception mandate, but failed, the court decided, to show a substantial burden on the exercise of their religion.
The federal government adopted a regulation that exempts religious employers, such as churches, hospitals, universities, charities and other service providers like the Little Sisters of the Poor, from covering contraceptives they oppose on religious grounds. However, these groups must actively seek an exemption. A third party then provides coverage for contraceptives for employees.
Little Sisters of the Poor is a Catholic order that runs about 30 nursing homes around the country, including one in Denver. The organization and four Christian universities in Oklahoma were all represented by The Becket Fund for Religious Liberty. They argued that being forced to file for the exemption made them part of “the scheme” to provide their employees access to contraceptives.
The three-judge appellate panel focused its questions during oral arguments in December in Denver on whether requiring the Little Sisters and universities to actively opt out of contraception coverage created a substantial burden for the groups. The court ruled Tuesday it does not.
“Although we recognize and respect the sincerity of plaintiffs’ beliefs and arguments, we conclude the accommodation scheme relieves plaintiffs of their obligations under the mandate and does not substantially burden their religious exercise under RFRA (The Religious Freedom Restoration Act) or infringe upon their First Amendment rights,” the court wrote.
The court said the sisters must provide the health benefit, or actively apply for the exemption or pay IRS penalties. The court rejected the claim that complying with the law makes them “complicit” in delivery of contraception.
The Little Sisters’ attorneys said they are reviewing the court’s decision and considering whether to seek relief from the Supreme Court.
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