News[JURIST] The State of Washington [official website] filed a lawsuit [complaint, PDF] against the Trump administration Monday over the decision to let employers deny insurance coverage for contraception [NYT report] on religious and moral grounds.
Attorney General Bob Ferguson [official website] argues that the administration’s action violates both the First and Fifth Amendment. According to the complaint, the Establishment Clause [materials] of the First Amendment bars an individual from imposing their religion on those who do not hold the same beliefs. The complaint further states that, as only women may have their contraception coverage denied, the action violates the Equal Protection Clause of the Fifth Amendment.
Ferguson also argues that the action also violates provisions of the Affordable Care Act (ACA). The complaint states that the ACA guarantees contraception coverage at no additional cost to the any patient. Furthermore, the Ferguson also states that ACA prohibits any regulation that:
[c]reates any unreasonable barrier to the ability of individuals to obtain appropriate medical care, … [i]mpedes timely access to health care services, … or [l]imits the availability of health care treatment for the full duration of a patient’s medical needs.
Ferguson claims the Trump administration violated these provisions by granting employers the right to deny coverage.
