National Women's Law Center Submits Amicus Brief in Case Challenging Health Care Law's Contraceptive Coverage Benefit

(Washington, D.C.) The National Women’s Law Center (NWLC) today submitted an amicus brief to the 7th Circuit Court of Appeals in the case of Korte v. United States Department of Health and Human Services. At the heart of the case is whether a for-profit company must comply with an important benefit in the Affordable Care Act (ACA) that ensures women access to insurance coverage for birth control without any out-of-pocket costs.

Korte & Luitjohan Contractors, Inc. is an Illinois-based full-service construction contractor. Its owners say they are personally opposed to the ACA’s contraceptive coverage benefit and are petitioning the court for an exemption.

NWLC’s brief underscores the compelling and vitally important interests the government has in including the contraceptive coverage benefit – namely, promoting public health and gender equality.

The following statement is from NWLC Vice President for Health and Reproductive Rights Judy Waxman:

“Korte & Luitjohan Contractors challenges regulations implemented by the Department of Health & Human Services on several grounds, including an alleged violation of the Religious Freedom Restoration Act. This challenge must fail. There is no violation of religious freedom here because the regulations requiring contraceptive coverage do not substantially burden the company’s owners’ exercise of religion. They are free to exercise their religion as they see fit, but they cannot impose their beliefs on their employees. The Center’s brief focuses on the compelling governmental interests promoted by these regulations, including the need for contraceptive coverage to enable women to plan their pregnancies and protect their health and that of their children and the need to promote gender equality by giving women the ability to participate in society. The brief also supports the regulation because it assures that birth control will be available by the least restrictive means possible.”

The National Women’s Law Center is joined on this brief by the American Academy of Nursing; American Association of University Women; American Federation of State, County and Municipal Employees; Asian & Pacific Islander American Health Forum; Ibis Reproductive Health; Law Students for Reproductive Justice; MergerWatch; NARAL Pro-Choice America; National Partnership for Women & Families; National Organization for Women Foundation; Planned Parenthood Federation of America; Population Connection; and Raising Women’s Voices for the Health Care We Need.