Skip to contentNational Women's Law Center

National Women's Law Center Submits Brief in Annex Medical v. Sebelius, Supporting Contraceptive Coverage Benefit

April 19, 2013

(Washington, D.C.) The National Women’s Law Center (NWLC) today submitted an amicus brief to the 8th Circuit Court of Appeals in the case of Annex Medical Inc. v. Sebelius. 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.

Annex Medical, a medical device manufacturer based in Minnetonka, Minnesota, and its owner, Stuart Lind, have petitioned the court for an exemption from the ACA’s contraceptive coverage benefit. Annex Medical challenges regulations implemented by the Department of Health & Human Services on several grounds, including an alleged violation of the Religious Freedom Restoration Act.

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:

“This challenge must fail. There is no violation of religious freedom here because the regulations requiring contraceptive coverage do not substantially burden the plaintiff’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 help women plan their pregnancies and protect their health and that of their children and for promoting gender equality by giving women the ability to participate in society. The contraceptive coverage regulation is not only appropriate but also makes good sense because it ensures that birth control is available to more women with fewer obstacles.”

The National Women’s Law Center is joined on these briefs by a wide range of national, state and regional organizations dedicated to ensuring women’s access to this critically important benefit.

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

 

###