The 10th Circuit Court of Appeals rejected a challenge brought by
the Little Sisters of the Poor, a Baltimore-based order of nuns who
operate nursing homes, saying their obligations under the law did
not substantially burden their religious freedom.
The nuns had sued the Obama administration arguing that a compromise
in the 2010 Affordable Health Care Act, widely known as Obamacare,
still made them complicit in authorizing birth control for their
employees even if they did not have to pay for it.
The federal healthcare law requires employers to provide health
insurance policies that cover preventive services for women
including access to contraception and sterilization.
Religious groups opposed to abortion and sometimes contraception can
opt-out of paying for the services, which then forces insurers or a
third party to pick up the tab.
The nuns argued that signing paperwork authorizing the third party
to cover contraception was a violation of their rights under the
Religious Freedom Restoration Act.
The appeals panel disagreed, saying the compromise made handing off
coverage “as easy as obtaining a parade permit."
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The law firm representing the nuns, the Becket Fund, issued a
statement on Tuesday saying the ruling was a "departure from the
U.S. Supreme Court's protection of the Little Sisters of the poor
last year."
In 2014, the Supreme Court ordered that while litigation over the
contraception mandate and the compromise continued, the nuns could
remain effectively exempt from the provision of the law.
(Reporting by Victoria Cavaliere in Los Angeles)
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