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 U.S. Supreme Court Justice Sonia Sotomayor granted one temporary
injunction to Baltimore-based Little Sisters of the Poor and
Illinois-based Christian Brothers Services, plus related entities.
Two different appeals courts granted stays in three other cases that
had been pending at the high court, filed by various organizations,
including Catholic University of America and non-profits in Michigan
and Tennessee, according to a lawyer representing the groups. The
lower court action meant the Supreme Court did not need to act in
those cases.
The groups were all asking the courts to exempt them temporarily
from the so-called contraception mandate while litigation continues.
The mandate, which was due to take effect for the organizations on
Wednesday, is already in place for many women who have private
health insurance.
The organizations accuse the federal government of forcing them to
support contraception and sterilization in violation of their
religious beliefs or face steep fines.
The 2010 Affordable Care Act, known as Obamacare, requires employers
to provide health insurance policies that cover preventive services
for women, including contraception and sterilization. The act
makes an exception for religious institutions such as houses of
worship that mainly serve and employ members of their own faith, but
not schools, hospitals and charitable organizations that employ
people of all faiths.
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As a compromise, the administration agreed to an accommodation for
non-profits affiliated with religious entities that was finalized in
July.
Under the accommodation, eligible non-profits have to provide a
"self certification" — described by one lower court judge as a
"permission slip" — that authorizes the insurance companies to
provide the coverage. The challengers say that step alone is enough
to violate their religious rights.
In separate cases, the Supreme Court already has agreed to hear oral
arguments on whether for-profit corporations have the basis to
object to the contraception mandate on religious grounds. The court
is due to hear the arguments in March and decide the two
consolidated cases by the end of June.
(Reporting by Lawrence Hurley; additional reporting by Terry Baynes;
editing by Howard Goller, Steve Orlofsky and Bill Trott)
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