A federal judge has dismissed a federal lawsuit in which seven states tried to block part of the federal health care law requiring contraception coverage.

Seven states attempted to curb access to no co-pay contraception. (photo: ABC News)

Federal Judge Tosses Out Contraception Lawsuit

By Lauren Barbato, Ms. Magazine

19 July 12

eligious freedom won’t be ringing for the seven states that attempted to curb access to no co-pay contraception.

U.S. District Judge Warren Urbom of Lincoln, Neb. dismissed a federal lawsuit today that challenged the Affordable Care Act’s HHS mandate, which requires health insurers to provide coverage of birth control, emergency contraception and sterilization. In line with most criticisms of the ACA, the lawsuit argued that the contraception mandate violated the so-called religious liberties of American citizens.

The lawsuit was filed by Nebraska Attorney General Jon Bruning along with the attorney generals of six other states: Florida, Michigan, Ohio, Oklahoma, South Carolina and Texas. Several Catholic-affiliated institutions were also listed as plaintiffs.

In his ruling, Urbom said everything we already knew: Religious freedom is a non-issue when it comes to the ACA and its HHS mandate.

According to Urbom:

Although the rule that lies at the heart of the plaintiffs’ complaint establishes a definitive, final definition of ‘religious employer,’ the ACA’s contraceptive coverage requirements are not being enforced against non-exempted religious organizations, and the rule is currently undergoing a process of amendment to accommodate these organizations.

The cry of religious freedom has been echoing around the country since President Obama signed the ACA in 2010. This seven-state lawsuit might be out, but 43 Catholic-affiliated institutions, including major universities such as Notre Dame, are still entangled in 12 separate lawsuits against the federal government. These lawsuits, which also specifically challenge contraception coverage, were led by numerous American bishops who have been relentlessly leading the fight against affordable and accessible birth control.

Photo of the Affordable Care Act rally in Washington, D.C. from Flickr user LaDawna via Creative Commons 3.0.

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+29 # jlvelardi 2012-07-19 07:31

It is amazing to me that groups that want to prevent women from their right to birth controll and then claim that the court is restricting their right to religious freedom. But who's religious freedom. Is a religious organizations freedom more important than an individuals??? Is their religious freedom actually my religious tyranny? if someone doesnt believe in birth control pills then dont use them.

+16 # John Locke 2012-07-19 09:31

jlvelardi: Consider this...these lunatic fanatics don't want women using birth control and they don't want women to have an abortion for an unwanted pregnancy... what do they want? Have these fools not heard of overpopulation!

If these idiots masquerading as fools have their way the planet would be unsustainable for human life in less then 100 years...

The real issue seems to be how religion classifies women…”Second Class citizens” and as “children” who can’t make decisions for themselves… Churches have gone too far, it may be time to abandon the Roman Catholic Church and all that treat women as morons!

Women marched for suffrage in 1910 perhaps women now must march for religious freedom and equality with men in 2012

+22 # TerryA65 2012-07-19 09:20

Its funny how 1 religious groups feels its views are right and others are wrong. The 1st Amendment is the basis of most of these claims of the groups. But when the government supports the rights of one it steps on the rights of others. The use of birth control is NOT a religious right but a HUMAN RIGHT.

+18 # Majikman 2012-07-19 09:24

Religious freedom to impose religious suppression. The mind boggles.

+12 # chrisconnolly 2012-07-19 09:29

If this issue can be framed as curtailment of religious freedoms then can't many other issues also be framed in this way? Say if I choose to wear a short skirt wouldn't that infringe on the Amish's beliefs that women should only wear the most conservative of apparel? If I don't want to go to any church services can that then be interpreted as accosting religious freedom because my neighbor thinks I should go? How can it be that my boss' religious beliefs can determine if I can or cannot use birth control? What if he decides my husband should not have a vasectomy? Where does it end?

+14 # amye 2012-07-19 09:48

Wow! Amazing to see that universities such as Notre Dame have so much money to spend on contraception lawsuits instead of spending it on students and education! If I was a donor of that school, I'd take my money out based on the contraception grounds alone! The catholic church or any religious group for that matter have no right to on impose upon a womans rights to her body and her life!!

+16 # Phlippinout 2012-07-19 12:26

Dear religious bullies, I have a right to be free from your god and all the stupidity that goes with it. Practice your religion and keep it out of my yard! Your hateful god is not welcome in my life. Perhaps it is time for these opinionated churches to cough up some taxes!

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