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

(Washington, D.C.) Earlier today, the National Women’s Law Center (NWLC) submitted an amicus brief to the 8th Circuit Court of Appeals in the case of O’Brien Industrial Holdings v. U.S. Department of Health & 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.    

O’Brien Industrial Holdings, based in St. Louis, is engaged in mining, processing, and distributing refractory and ceramic materials and products. Its owner is personally opposed to the ACA’S contraceptive coverage benefit and is petitioning the court for an exemption.

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

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

“O’Brien Industrial Holdings 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 O’Brien’s exercise of religion. He is free to exercise his religion as he sees fit, but he cannot impose his beliefs on his 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.”

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