Court rules against Little Sisters plea to avoid way to bypass mandate

DENVER ­— The Little Sisters of the Poor and other religious entities are not substantially burdened by procedures set out by the federal government by which they can avoid a requirement to provide contraceptive coverage in health insurance, the 10th U.S. Circuit Court of Appeals ruled July 14.

In a lengthy opinion that considered arguments raised by the organizations under First Amendment religious rights protections and under the Religious Freedom Restoration Act, the court said the groups are not substantially burdened by filing out a form or notifying Health and Human Services via email or a letter that because of their religious-based objections to the mandated coverage, they will not provide it.

The ruling is the latest in a string of circuit court decisions finding that nonprofit religious institutions may not be protected from the procedures set out by HHS from complying with what is known as a mandate to provide coverage for a variety of types of contraceptives in employee health insurance.

“The departments have made opting out of the mandate at least as easy as obtaining a parade permit, filing a simple tax form, or registering to vote — in other words, a routine, brief administrative task,” wrote Judge Scott M. Matheson Jr. He was joined by two other judges in parts of the ruling.

However, Judge Bobby Baldock dissented from the majority’s decision that self-insured nonprofit religious employers are no more substantially burdened than those with other types of insurance.

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