As of today . . .

• 91 cases
• over 300 plaintiffs
• 2 cases at the US Supreme Court

The federal government takes three positions on the religious freedom of organizations that have a religious objection to including some or all of the prescribed “contraceptive services” in their health insurance plans. The courts have not been very sympathetic to this three-part system of religious freedom.

• Churches are exempt. Churches and their integrated auxiliaries (as defined by the IRS) are exempt.
• Religious nonprofits are winning in court, 19 to 1. Religious nonprofit organizations such as faith-based hospitals, colleges, adoption agencies, and anti-poverty groups are not exempt. Instead, the government has offered an accommodation–the nonprofit can purchase insurance that excludes some or all of the required contraceptive services and then its insurer or third-party administrator must tell the employees of the objecting organization that the insurer or administrator will pay for the contraceptive services. In the 20 religious nonprofit cases where the courts have ruled on the request for relief from the mandate, the religious organizations have won, 19 to 1, against the accommodation.
• Businesses are winning in court, 33 to 6. Businesses–organizations involved in commerce–no matter the convictions of the owners or how extensively the policies and practices of the companies are shaped by religious convictions, are given no religious freedom protection at all. In the 39 business cases where the courts have ruled on the request for relief, the businesses have won 33 to 6.

For an overview of the cases, details, and the key documents, browse HHS Mandate Information Central at the Becket Fund for Religious Liberty.