Seven States Challenge Federal Health Reform Law’s Contraception Mandate

According to the Washington Post, seven states (Florida, Michigan, Nebraska, Ohio, Oklahoma, South Carolina, and Texas) recently filed a lawsuit challenging the federal health care reform law’s contraception mandate. The lawsuit, which was filed in a U.S. District Court in Nebraska, argues that this mandate impedes the First Amendment right to religious liberty and violates the Religious Freedom Restoration Act (RFRA) of 1993.

According to the article, the RFRA allows religious institutions to challenge federal laws that place a “substantial burden on their ability to exercise a sincere religious belief.” If this substantial burden is proven, the government must demonstrate (1) the law achieves a compelling government interest and (2) that interest cannot be achieved in another way that would be less religiously restrictive.

The federal health reform law requires health plans to cover contraception, without cost sharing requirements, starting in August 2012. But, churches, synagogues, and other houses of worship are exempt from this requirement. Other nonprofit religious employers who do not currently cover contraceptives in their insurance plans will be given until August 1, 2013 to comply.