Federal appeals court temporarily blocks enforcement of birth control mandate News
Federal appeals court temporarily blocks enforcement of birth control mandate
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[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Friday temporarily blocked [opinion, PDF] the enforcement of the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) [text; JURIST backgrounder]. The companies are challenging the mandate on religious freedom grounds, claiming providing such medical services goes against their religious beliefs against contraceptives. This challenge involves two construction companies and their owners. The divided court determined:

The Free Exercise Clause protects not just belief and profession but also religiously motivated conduct; and individuals and organizations—whether incorporated or not—can exercise religion. … Unless there is something disabling about mixing profit-seeking and religious practice, it follows that a faith-based, for-profit corporation can claim free-exercise protection to the extent that an aspect of its conduct is religiously motivated.

This is the broadest court ruling in the challenges to the birth control mandate. The Supreme Court will consider the three challenges in conference later this month. These divided rulings suggest they will consider this matter.

The PPACA has been subject to various challenges. Earlier this week, a Michigan pro-life group challenged [JURIST report] the same contraception provision. Last month, Hobby Lobby urged [JURIST report] the Supreme Court to review the case against the contraception mandate. Also In October the US Court of Appeals for the Sixth Circuit rejected [JURIST report] claims by Eden Foods, Inc. that it should be exempt on religious grounds from the contraception mandate of the PPACA. Earlier in October a federal judge for the US District Court for the District of Columbia declined [JURIST report] to issue a preliminary injunction against the insurance subsidies provision of the PPACA. Hobby Lobby is the leading proponent for challenging the contraception mandate under the PPACA. In May Hobby Lobby requested an exemption [JURIST report] from the mandate.