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Civil Rights Litigation Clearinghouse
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Case Name College of the Ozarks v. Dep't of Health and Human Servs. FA-MO-0004
Docket / Court 12-cv-03428 ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Speech and Religious Freedom
Special Collection Contraception Insurance Mandate
Case Summary
On September 17, 2012, the College of the Ozarks filed a lawsuit in the Western District of Missouri against the Federal Government 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. The ... read more >
On September 17, 2012, the College of the Ozarks filed a lawsuit in the Western District of Missouri against the Federal Government 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. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage.

Specifically, the plaintiffs believed that the Contraceptive Mandate violated its sincerely-held religious beliefs by requiring that the College’s health insurance plan contain coverage or access to coverage for elective abortion services, certain FDA-approved abortifacient drugs, and related education and counseling. The Mandate exposed the College to substantial fines for the exercise of its religious beliefs. This violated the College’s rights under the Religious Freedom Restoration Act.

Additionally, the plaintiffs alleged that the Mandate’s requirements compelled the College to operate in a manner contrary to its religious beliefs, thus violating the guarantee of free speech as set out in the First Amendment.

The plaintiffs sent a notice of voluntary dismissal on January 14, 2013. Judge Wimes thus ordered the dismissal without prejudice on January 16, 2013.

This case was likely closed due to a private settlement, but we don't have any further information.

Wyatt Fore - 04/05/2013
Ginny Lee - 04/10/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
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 Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) United States Department of Health and Human Services
United States Department of Labor
United States Department of Treasury
Plaintiff Description A Missouri Christian College, organized as a not-for-profit corporation.
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
Case Closing Year 2013
Case Ongoing No
Docket(s)
6:12-cv-03428-BCW (W.D. Mo.)
FA-MO-0004-9000.pdf | Detail
Date: 01/16/2013
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
FA-MO-0004-0001.pdf | Detail
Date: 09/17/2012
Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal Without Prejudice [ECF# 5] (W.D. Mo.)
FA-MO-0004-0002.pdf | Detail
Date: 01/16/2013
Source: PACER [Public Access to Court Electronic Records]
Judges Wimes, Brian Curtis (E.D. Mo., W.D. Mo.)
FA-MO-0004-0002 | FA-MO-0004-9000
Plaintiff's Lawyers Ankrom, Derek A. (Missouri)
FA-MO-0004-0001 | FA-MO-0004-9000
Fry, Virginia L. (Missouri)
FA-MO-0004-0001 | FA-MO-0004-9000
Gooch, Ginger K. (Missouri)
FA-MO-0004-0001 | FA-MO-0004-9000

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