Over the past few months, Circuit Courts around the country have been issuing decisions in what are called the “contraception cases” – suits in which for-profit companies sue the federal government for infringement of religious liberty because the contraception mandate of the Affordable Care Act requires that all non-religious non-profits and all corporations provide contraception in their preventative plans for health insurance. Five for-profit cases have come out of the Circuit Courts; the Union for Reform Judaism and Women of Reform Judaism have signed amici briefs in all of them on the side of the government. These are cases that combine concerns for free exercise of religion, the right of women to access contraception, and the need to have a fair and affordable health care system.
The cases caught national attention after the Department of Health and Human Services issued the final rule on the contraception mandate of the ACA. After much deliberation and uproar – does everyone remember the “War on Women?” – the final rules were decided this past June. Read the comments Rabbi David Saperstein submitted during the rules process and check out the RAC’s response to the final rules. Over 70 cases have cropped up as a result of these rules.