Mich. Catholic Conference v. Burwell, No. 13-2723 (6th Cir. 2015)
Annotate this CasePlaintiffs, Catholic Church-affiliated entities, have religious objections to the Patient Protection and Affordable Care Act, 42 U.S.C. 300gg-13, requirement that their employer-based health insurance plans cover all FDA-approved contraception, sterilization methods, and counseling. All are eligible for either an exemption or an accommodation, through which the entities will not pay for the contraceptive products and services and the coverage will be independently administered by a third-party. Nonetheless, they alleged that the contraceptive-coverage requirement violated the Religious Freedom Restoration Act and the Free Speech, Free Exercise, and Establishment Clauses. District courts preliminary injunctions. The Sixth Circuit affirmed, finding that the plaintiffs did not demonstrate a strong likelihood of success on the merits and, therefore, did not demonstrate that they would suffer irreparable injury without the injunction. In the subsequent Hobby Lobby decision, in which the Supreme Court discussed the accommodation favorably, noting that the accommodation served the government’s interests in providing access to contraception while at the same time not impinging on the religious beliefs of objecting non-profits. After reviewing the Hobby Lobby opinion, the Sixth Circuit affirmed original disposition, holding that the accommodation provision does not violate RFRA.
This opinion or order relates to an opinion or order originally issued on June 11, 2014.
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