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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
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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