On October 8, 2013, three Catholic non-profit 501(c)(3)s and a trustee for the Roman Catholic Diocese of Erie, Pennsylvania filed this lawsuit in the U.S. District Court for the Western District of Pennsylvania. The plaintiffs sued the U.S. Department of Health and Human Services, Department of Labor, Department of Treasury, and their respective Secretaries in their official capacities. Plaintiffs sued under the Administrative Procedure Act, the Declaratory Judgment Act, and Religious Freedom Restoration Act.

The plaintiffs, represented by private counsel, alleged that the government violated their statutory rights (including RFRA and the APA) and First Amendment right to freedom of religion by mandating that they subsidize, facilitate, and or provide coverage for various reproductive health services for their employees. Plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The suit was related to a previous lawsuit, brought by plaintiffs in the same court in May of 2012. That suit was dismissed by the same court, without prejudice, upon the government's assurance that the mandate at issue would not be enforced against plaintiffs, and that the regulations at issue were to be amended.

This case was disposed of in a series of combined orders issued by Judge Arthur J. Schwab, that applied to both this suit and Zubik v. Sebelius. The cases were formally consolidated on appeal on February 11, 2014. See summary of Zubik v. Sebelius for details covering the preliminary injunction granted and subsequent appeals to the Third Circuit and Supreme Court.

This case is now being considered on remand by the Third Circuit.

Micah Telegen - 02/10/2017


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