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D.C. Court of Appeals Grants Injunction in Contraceptive Mandate Case (PDF)
U.S. Court of Appeals for the District of Columbia Circuit Link to more items from this source
Nov. 1, 2013
71 pages; one concurring opinion, one dissent. Excerpt: "[The court] must determine whether the contraceptive mandate imposed by the Act trammels the right of free exercise -- a right that lies at the core of our constitutional liberties -- as protected by the Religious Freedom Restoration Act. We conclude it does.... The burden is too remote and too attenuated, the government says, as it arises only when an employee purchases a contraceptive or uses contraceptive services. We disagree with the government's foundational premise. The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company's owners fill the basket of goods and services that constitute a healthcare plan. In other words, the Gilardis are burdened when they are pressured to choose between violating their religious beliefs in managing their selected plan or paying onerous penalties." [Gilardi v. HHS, No. 13-5069 (D.C. Cir. Nov. 1, 2013)]

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