This is one of many lawsuits brought challenging the Obama administration's 2012 Health and Human Services (HHS) mandate requiring employers to pay for employees' contraception and abortifacients via medical insurance coverage. Many religious hospitals, charities, universities, and other enterprises owned or controlled by religious organizations or individuals who opposed contraception on doctrinal grounds, argued the mandate violated their religious beliefs. For a full list of these cases please see our collection of the Contraception Insurance Mandate cases here.

On August 23, 2012, Grace College and Seminary, and Biola University, Inc., religious non-profits, filed this in the Northern District of Indiana against the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First and Fifth Amendments. Plaintiffs, represented by private counsel and the Alliance Defending Freedom, seek to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. Plaintiffs contend that this mandatory contraception coverage violates their sincerely held religious beliefs.

On September 6, 2013, the plaintiff filed an amended complaint incorporating the government's newly announced accommodations for non-profit, religious organizations. The plaintiff argued that even with an accommodation, the mandate violates its religious freedom. The plaintiff filed a motion for preliminary injunction along with the amended complaint.

On September 27, 2013, the defendant filed a motion to dismiss for failure to state a claim, or, in the alternative, a motion for summary judgment. On October 11, 2013, the plaintiff filed a motion for summary judgment.

On December 27, 2013, U.S. District Court (Judge Jon E. DeGuilio) granted the plaintiff's preliminary injunction on the grounds that the plaintiff would suffer irreparable harm without it and their claims had merit under RFRA. On February 24, 2014, the defendant appealed to the U.S. Court of Appeals for the Seventh Circuit (No. 14-1430). This case was consolidated on appeal with Roman Catholic Diocese of Fort Wayne-South Bend v. Sebelius. On September 4, 2015, the Seventh Circuit (Judge Ilana Diamond Rovener) reversed the District Court's preliminary injunction and remanded the case, noting that since the suit was filed the contraception mandate accommodation has been expanded to allow qualifying religious employers to notify HHS directly about their objection. On November 5, 2015, the Seventh Circuit denied the plaintiffs' petition for a rehearing en banc. On November 12, 2015, the Seventh Circuit granted the plaintiffs motion to stay the suit pending petition for writ of certiorari.

Wyatt Fore - 03/26/2013
Mallory Jones - 03/24/2014
Kate Craddock - 02/21/2016


compress summary