A federal appeals court has ruled that the Affordable Care Act mandate that employers provide free coverage of contraception violates the right to religious freedom.
In a 2-1 decision delivered Nov. 1, the U.S. Court of Appeals for the District of Columbia Circuit reversed a lower court ruling and granted an injunction allowing two business owners temporary relief from the contraception mandate.
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A federal appeals court has ruled that the Affordable Care Act mandate that employers provide free coverage of contraception violates the right to religious freedom.
In Gilardi v. U.S. Department of Health and Human Services, Francis and Philip Gilardi, brothers and the owners of Freshway Food and Freshway Logistics in Ohio, sued the government for the right to exclude coverage of contraception and sterilization in their self-insured health plan. The brothers, who are Catholic, have a religious objection to paying for coverage of those services.
At issue is the provision in the ACA that requires employers to cover preventive services, including all contraceptive methods approved by the Food and Drug Administration. The requirement applies to most employers, except for certain religious institutions.
The appeals court said the government placed a substantial burden on the Gilardi brothers by forcing them to choose between violating their religious beliefs or paying penalties totaling more than $14 million per year.
The federal appeals court awarded a temporary injunction to the Gilardi brothers and sent the case back to the lower court for consideration.
mschneider@frontlinemedcom.com
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