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Case Name Franciscan University of Steubenville v. Sebelius FA-OH-0001
Docket / Court 2:12-cv-00440 ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
This is one of 12 cases filed on May 21, 2012 in federal district courts across the country by Catholic organizations challenging the contraception mandate provision of the Affordable Care Act (ACA).

Plaintiffs, two Roman Catholic, non-profit organizations, filed a lawsuit in the U.S. ... read more >
This is one of 12 cases filed on May 21, 2012 in federal district courts across the country by Catholic organizations challenging the contraception mandate provision of the Affordable Care Act (ACA).

Plaintiffs, two Roman Catholic, non-profit organizations, filed a lawsuit in the U.S. District Court for the Southern District of Ohio against the Federal Government under the First Amendment, the Religious Freedom Restoration Act (RFRA), and the Administrative Procedures Act (APA). Plaintiffs, represented by private counsel, asked the court to issue a preliminary and permanent injunction prohibiting enforcement of provisions of the ACA extending universal contraception coverage to employer-sponsored private health insurance coverage. Specifically, plaintiffs claim that providing, paying for, or facilitating access to such services is inconsistent with its religious beliefs and contend that compliance with the contraception requirement is a substantial burden on their religious exercise.

On March 22, 2013, the Court (Judge Algenon L. Marbley) granted the Federal Government's motion to dismiss for lack of ripeness. The court noted that the Federal Government had initiated a safe-harbor period while it refashioned the regulation. As a result, Plaintiffs could not show that it faced any penalty or restriction based on the existing regulatory requirement or that the harm alleged will ever occur. The court recognized that, in fact, harm to the plaintiffs was unlikely to occur because they would likely fall into the broadened definition of religious employer as put forth in the Advanced Notice of Proposed Rule Making (ANPRM).

Joshua Arocho - 05/22/2012
Richard Jolly - 03/30/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Defendant-type
Hospital/Health Department
Discrimination-basis
Religion discrimination
General
Contraception
Religious programs / policies
Plaintiff Type
Private Plaintiff
Causes of Action Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Bivens
Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Defendant(s) U.S. Department of Health and Human Services
U.S. Department of Labor
U.S. Department of Treasury
Plaintiff Description Roman Catholic Organizations of Ohio
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
Docket(s)
2:12-cv-00440-GCS-MRA (S.D. Ohio) 03/22/2013
FA-OH-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for Jury Trial 05/21/2012
FA-OH-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Opinion 03/23/2013 (2013 WL 1189854) (S.D. Ohio)
FA-OH-0001-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Abel, Mark R. (S.D. Ohio) [Magistrate]
FA-OH-0001-0002 | FA-OH-0001-9000
Marbley, Algenon L. (S.D. Ohio)
FA-OH-0001-0002 | FA-OH-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers DeJulius, Leon F. Jr. (Pennsylvania)
FA-OH-0001-0001 | FA-OH-0001-9000
Goetz, John D. (Pennsylvania)
FA-OH-0001-0001 | FA-OH-0001-9000
Kairis, Matthew A (Ohio)
FA-OH-0001-0001 | FA-OH-0001-9000
Karoll, Ira M (Pennsylvania)
FA-OH-0001-0001 | FA-OH-0001-9000
Murphy, Eric E (Ohio)
FA-OH-0001-0001 | FA-OH-0001-9000
O'Reilly, Rebecca D'Arcy (Michigan)
FA-OH-0001-9000
Pohl, Paul M. (Pennsylvania)
FA-OH-0001-0001 | FA-OH-0001-9000
Ranjan, Brandy H (Ohio)
FA-OH-0001-0001 | FA-OH-0001-9000
Scurti, Adam A (Ohio)
FA-OH-0001-0001 | FA-OH-0001-9000
VanDusen, Paul (Michigan)
FA-OH-0001-9000
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
FA-OH-0001-9000
Other Lawyers Howard, Robert Jason (Ohio)
FA-OH-0001-9000
Surtees, Geoffrey R. (Kentucky)
FA-OH-0001-9000

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