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10th Circuit Announces Decision in Hobby Lobby Contraceptive Coverage Case

June 27, 2013

(Washington, D.C.) Earlier today, the 10th Circuit Court of Appeals, en banc, announced its decision in the case brought by Hobby Lobby challenging aspects of the requirement that it must cover contraceptives for its employees under the Affordable Care Act (ACA). At the heart of the case is whether a for-profit company must comply with a provision of the ACA that ensures that women have access to insurance coverage for all birth control methods without any out-of-pocket costs. Hobby Lobby, a national craft supply chain headquartered in Oklahoma , with 525 locations and over 13,000 employees across the country, objects to providing coverage for emergency contraception and IUDs.

The National Women’s Law Center (NWLC) filed an amicus brief in this case, focusing on the compelling governmental interests promoted by the contraceptive coverage benefit, which protects women’s ability to control their reproductive lives and guarantees their ability to have access to the full range of FDA-approved contraceptives free from employer interference.

The following statement is from NWLC Co-President Marcia D. Greenberger:

“We are deeply disappointed with this decision by the 10th Circuit Court. As noted in the dissent, a woman’s decision about birth control is a personal decision, not her boss’s. Nothing in the health care law constrains an individual’s exercise of religion. The law protects an employee’s ability to get the contraceptives that she needs without co-pays or unnecessary obstacles.

“Today’s decision was only at the preliminary injunction stage and not a ruling on the merits. We remain confident that once all of the courts decide, women’s access to this critically important benefit will be protected.”

For more information, visit: http://www.nwlc.org/resource/nwlc-amicus-briefs-supporting-contraceptive-coverage-benefit

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