Dive Brief:
- The 8th Circuit Court—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North and South Dakota—issued a pair of rulings upholding a preliminary injunction on behalf of four nonprofit religious organizations that object to the contraceptive mandate of the Affordable Care Act (ACA), according to an article at HR.BLR.com.
- The ACA requires employers that offer employees group health plans to cover certain approved contraceptive methods or face penalties of $100 per day per affected individual, writes Jennifer Carsen, an HR.BLR editor.
- Carsen reports that there is an exception for group health plans sponsored by religious employers, who include churches and related entities, as well as religious orders. Organizations that object to the contraceptive mandate but do not qualify for the religious-employer exemption may qualify for an accommodation under the ACA intended to protect them from “having to contract, arrange, pay, or refer for” contraceptive coverage, she writes.
Dive Insight:
Carsen writes that the organizations involved in this pair of cases—three colleges and a nonprofit that provides residential services to people with behavioral problems and/or substance dependencies—have sincere religious objections to abortion on demand. They believe that certain contraceptives required under the ACA’s contraceptive mandate, including Plan B, ella and copper IUDs, are functionally equivalent to abortion on demand.
The organizations do not qualify for the religious-employer exemption and further believe that both the contraceptive mandate and the accommodation process impose a substantial burden on their exercise of religion. The 8th Circuit agreed, concluded that “compelling [the plaintiffs’] participation in the accommodation process by threat of severe monetary penalty is a substantial burden on their exercise of religion.”
Other appeals courts that have considered this issue have come down on the other side, which means there is now a split among the circuits. In such cases, U.S. Supreme Court review becomes much more likely, so interested employers can expect further developments on the issue.
