CINCINNATI, OH — A federal appeals court panel has ruled that Catholic nonprofits who qualify for exemption or accommodation under ObamaCare’s controversial HHS birth control mandate have no right to challenge the mandate’s constitutionality in court.
“The appellants are not required to 'pay for' contraceptive coverage” under the accommodation, the court ruled.
After massive public outcry from faith-based employers over the mandate, which requires all employers to offer full, co-pay-free coverage for contraceptives, sterilizations, and abortion-causing drugs to employees and their dependents, the Obama administration offered churches an exemption. They also allowed certain faith-based charities an “accommodation” allowing them to pass the costs of the offending coverage on to insurers rather than pay for it themselves.
In the Sixth Circuit Court of Appeals, eight Catholic groups – including the Michigan Catholic Conference, two Catholic dioceses, and a number of schools and charities – argued that despite the accommodation, the mandate still infringes on their constitutional right to religious freedom, as they are still being forced to facilitate the provision of drugs and procedures they considered gravely immoral. The accommodation requires them to submit a form requesting the insurance company pick up the costs of the coverage – an act the Catholic groups argued “triggers” or enables the coverage.
On June 11, the Sixth Circuit dismissed their argument. “The appellants are not required to 'provide' contraceptive coverage,” the 3-judge panel wrote in their unanimous 30-page decision. “They are not required physically to distribute contraception to their employees upon request, and the eligible organization's health plan does not host the coverage. The appellants are not required to 'pay for' contraceptive coverage.”
“Submitting the self-certification form to the insurance issuer or third-party administrator does not ‘trigger’ contraceptive coverage,” the panel added. “It is federal law that requires the insurance issuer the third-party administrator to provide this coverage. … The obligation to cover contraception will not be triggered by the act of self-certification—it already was triggered by the enactment of the [Affordable Care Act].”
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As a result of the ruling, a protective injunction barring enforcement of the HHS mandate against the eight Catholic groups has been lifted. All eight will have to either provide the mandatory contraceptive coverage or submit paperwork to pass the costs on to their insurers.
LifeSiteNews reached out to attorney Matt Kairis, who represented the Catholic groups, to ask if they plan to appeal the court’s decision, but he declined to comment on the case.
Thus far, no accommodation has been made for for-profit employers who object to contraception on religious grounds, despite dozens of lawsuits challenging the mandate. The Supreme Court is expected to settle that matter within the next two weeks.