University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Reaching Souls International Inc. v. Sebelius FA-OK-0002
Docket / Court 5:13-cv-01092-D ( W.D. Okla. )
State/Territory Oklahoma
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On October 11, 2013, a non-profit company filed a lawsuit in the Western District of Oklahoma under the Religious Freedom Restoration Act, Administrative Procedure Act and First Amendment against the U.S. Department of Health and Human Services. The plaintiff, represented by the public interest ... read more >
On October 11, 2013, a non-profit company filed a lawsuit in the Western District of Oklahoma under the Religious Freedom Restoration Act, Administrative Procedure Act and First Amendment against the U.S. Department of Health and Human Services. The plaintiff, represented by the public interest firm The Becket Fund for Religious Liberty, asked the court for an exception to the Affordable Care Act (ACA) mandate requiring employers to provide health insurance coverage for contraception. The plaintiff is suing on behalf of all non-profit, Christian-owned corporations that participate in a health plan provided by GuideStone Financial Resources of the Southern Baptist Convention. These corporations do not already qualify for the religious exception for the ACA's contraception insurance mandate.

On October 25, 2013, the plaintiff filed a motion for preliminary injunction for all similarly-situated corporations, which was granted by United States District Court (Judge Timothy D. DeGiusti) on December 20, 2013. Judge DeGiusti relied on the U.S. Court of Appeals 10th Circuit decision Hobby Lobby v. Sebelius v. Sebelius in granting the motion.

In the same order, Judge DeGiusti denied defendant's motion to dismiss. As of January 28, 2014, the case is ongoing.

Mallory Jones - 01/28/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Free Exercise Clause
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Defendant-type
Hospital/Health Department
Discrimination-basis
Religion discrimination
General
Contraception
Religious programs / policies
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government non-profit
Causes of Action Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Declaratory Judgment Act, 28 U.S.C. § 2201
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 the Treasury
Plaintiff Description Christian, non-profit employers who participate in the GuideStone Plan to provide health benefits to their employees
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing FA-CO-0006 : Little Sisters of the Poor Home for the Aged v. Sebelius (D. Colo.)
Docket(s)
5:13-cv-01092 (W.D. Okla.) 12/23/2013
FA-OK-0002-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 10/11/2013
FA-OK-0002-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plainiffs' Motion for Preliminary Injunction Request for Expedited Consideration and Brief in Support 10/25/2013
FA-OK-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum in Support of Motion to Dismiss or in the Alternative, for Summary Judgment and Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction 11/15/2013
FA-OK-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment and Memorandum in Support and Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction 11/15/2013
FA-OK-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Combined Reply in Support of Preliminary Injunction and Opposition to Defendants' Motion to Dismiss and Motion for Summary Judgment 11/27/2013
FA-OK-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Reply in Support of Motion to Dismiss or, in the alternative, for Summary Judgment 12/06/2013
FA-OK-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order 12/20/2013 (2013 WL 6804259) (W.D. Okla.)
FA-OK-0002-0001.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges DeGiusti, Timothy D. (W.D. Okla.)
FA-OK-0002-0001 | FA-OK-0002-9001
Monitors/Masters None on record
Plaintiff's Lawyers Blomberg, Daniel Howard (District of Columbia)
FA-OK-0002-0002 | FA-OK-0002-0005 | FA-OK-0002-0006 | FA-OK-0002-9001
Curran, J Dillion (Oklahoma)
FA-OK-0002-0005 | FA-OK-0002-9001
Giddens, Jared D (Oklahoma)
FA-OK-0002-0002 | FA-OK-0002-0005 | FA-OK-0002-0006 | FA-OK-0002-9001
Keim, Adele A. (District of Columbia)
FA-OK-0002-0002 | FA-OK-0002-0005 | FA-OK-0002-0006 | FA-OK-0002-9001
Rienzi, Mark (District of Columbia)
FA-OK-0002-0002 | FA-OK-0002-0005 | FA-OK-0002-0006 | FA-OK-0002-9001
Roberts, Seth Michael (Texas)
FA-OK-0002-0002 | FA-OK-0002-0005 | FA-OK-0002-0006 | FA-OK-0002-9001
Scherz, Carl C. (Texas)
FA-OK-0002-0002 | FA-OK-0002-0005 | FA-OK-0002-0006 | FA-OK-0002-9001
Defendant's Lawyers Berwick, Benjamin Leon (District of Columbia)
FA-OK-0002-0003 | FA-OK-0002-0004 | FA-OK-0002-0007 | FA-OK-0002-9001
Coats, Sanford (District of Columbia)
FA-OK-0002-0003 | FA-OK-0002-0004 | FA-OK-0002-0007
Delery, Stuart F. (District of Columbia)
FA-OK-0002-0003 | FA-OK-0002-0004 | FA-OK-0002-0007
Lieber, Sheila M. (District of Columbia)
FA-OK-0002-0003 | FA-OK-0002-0004 | FA-OK-0002-0007
Ricketts, Jennifer (District of Columbia)
FA-OK-0002-0003 | FA-OK-0002-0004 | FA-OK-0002-0007
Other Lawyers None on record

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