NWLC Submits Brief in Weingartz v. Sebelius, Supporting Contraceptive Coverage Benefit

(Washington, D.C.) The National Women’s Law Center (NWLC) today submitted an amicus brief to the 6th Circuit Court of Appeals in the case of Weingartz Supply Company v. Sebelius (also known as Legatus v. Sebelius). At the heart of the case is whether employers must comply with an important provision in the Affordable Care Act (ACA) that ensures women access to insurance coverage for birth control without any out-of-pocket costs. NWLC’s brief underscores the compelling and vitally important interests the government has in including the contraceptive coverage provision – namely, promoting public health and gender equality.

Weingartz Supply Company is a for-profit Michigan business that sells outdoor power equipment and employs 170 people. Company president Daniel Weingartz is a member of Legatus, a non-profit Catholic organization of business leaders and executives with more than 4000 members representing over 2,100 companies. Daniel Weingartz and Legatus Chairman Thomas Monaghan are opposed to the ACA’s contraceptive coverage benefit and are petitioning the court for an exemption.

A district court granted a preliminary injunction for Weingartz Supply Company but dismissed the claim brought by Legatus, finding that it lacked standing because it is covered by a one-year delay in enforcement the government granted to certain non-profit organizations. Both sides have appealed to the 6th Circuit. Legatus asks the court to overturn the dismissal, while the government asks the court to overturn the injunction granted to Weingartz.

“Weingartz Supply Company and Legatus both challenge regulations implemented by the Department of Health & Human Services on several grounds, including an alleged violation of the Religious Freedom Restoration Act,” said Judy Waxman, NWLC Vice President for Health and Reproductive Rights. “This challenge must fail. There is no violation of religious freedom here because the regulations requiring contraceptive coverage do not substantially burden an employer’s 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 equally 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 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