Little Sisters of the Poor must comply with contraceptive mandate, US appeals court rules

July 14, 2015

A US federal appeals court has ruled that the Little Sisters of the Poor must comply with the contraceptive mandate in the “Obamacare” health plan.

The Tenth Circuit Court ruled that the Little Sisters are not an exempt religious institution because they are not directly affiliated with any particular house of worship. The court said that the Obama administration has provided sufficient accommodation for non-profit organizations—such as the Little Sisters—that have moral objections to providing contraceptive coverage.

Under the latest plan offered by the Obama administration, the Little Sisters would be required to provide the federal government with a formal declaration that they object to the contraceptive mandate. By filing that form, they would trigger government action requiring their insurer to pay for contraceptive coverage.

The Little Sisters of the Poor, like other religious institutions that have challenged the mandate, argue that the filing of that form is a violation of their conscience rights, since by filing it they ensure that the contraceptives will be provided. The Tenth Circuit disagreed, saying: “Plaintiffs have not shown any likelihood that their sending in the Form or the notification would convey a message of support for contraception.”

Mark Rienzi of the Becket Fund for Religious Liberty, who was lead attorney for the Little Sisters, expressed keen disappointment with the decision. He said that it is “a national embarrassment that the world’s most powerful government insists that, instead of providing contraceptives through its own existing exchanges and programs, it must crush the Little Sisters’ faith and force them to participate.”

Sister Loraine Marie Maguire, mother provincial of the Little Sisters, said: “As Little Sisters of the Poor, we simply cannot choose between our care for the elderly poor and our faith.” She added: “All we ask is to be able to continue our religious vocation free from government intrusion.”

 

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Further information:

• Court rules against Little Sisters of the Poor (Becket Fund)
• Disappointment follows ruling against Little Sisters in mandate case (CNA)
• Tenth Circuit Court Ruling (full text)
• Even Nuns Aren't Exempt From Obamacare's Birth-Control Mandate (The Atlantic)