Numerous religious organizations and 16 states filed briefs with the U.S. Supreme Court on Monday, urging it to take up the case of a seminary and two religious universities that do not want to cover abortion-causing products in their employee health insurance.
“This strong show of support … demonstrates just how important it is that the Supreme Court address the impact of the HHS mandate, particularly on religious groups,” said Diana Verm, legal counsel at the Becket Fund for Religion.
Houston Baptist University, East Texas Baptist University and Westminster Theological Seminary are seeking relief from the Department of Health and Human Services’ (HHS) requirement that their health insurance offer 20 birth-control products at no cost to employees.
The three schools refuse to carry coverage for two intrauterine devices, a “morning after” product and a “week after” product because of their potential to cause abortions, an activity that violates their religious beliefs about the sanctity of life. School employees who wanted such products would have to pay for them themselves.
HHS, which is enforcing the rule as part of the Affordable Care Act, argues that all the contraception products are federally approved, and women employees should be permitted to determine what is right for them.
Also, churches, religious orders and companies with fewer than 50 employees are already exempted from the mandate, HHS says. In addition, it has encouraged nonprofits to use a third party to handle payments for contraceptives if they object to covering it directly.
The two universities and seminary do not accept the HHS alternative plan, and say they should receive relief under the 1993 Religious Freedom Restoration Act, which tells government not to “substantially burden” the exercise of religion in their activities.
In December 2013, a federal court in Texas sided with the schools, but in June, the 5th Circuit Court of Appeals ruled against them.
The Becket Fund for Religious Liberty and former Solicitor General Paul Clement promptly asked the high court to review their case, East Texas Baptist University v. HHS Secretary Sylvia Mathews Burwell.
Kelly Shackelford, president and chief executive of Liberty Institute said Monday that six ministries that are part of the Christian and Missionary Alliance Foundation filed briefs in support of the East Texas Baptist University petitioners.
“The government is giving these ministries two options: violate their faith or pay a hefty fine,” said Mr. Shackelford.
But the government “has no right to tell a ministry that they must participate in what they see as the ending of a human life, in violation of their sincerely held religious beliefs,” he said.
According to Liberty Institute, the six organizations include four retirement homes; Simpson University in Redding, Calif.; and Crown College in Saint Bonifacius, Minn.
According to the Becket Fund, the Ethics and Religious Liberty Commission of the Southern Baptist Convention, International Mission Board of the Southern Baptist Convention, and 181-member Council of Christian College and Universities filed amici briefs in support of their side.
The 16 states filing in support of the schools are Alabama, Arizona, Florida, Georgia, Kansas, Louisiana, Michigan, Montana, Nevada, Ohio, Oklahoma, South carolina, South Dakota, Texas, Utah and West Virginia, a Becket Fund official told Fox News.com.
• Cheryl Wetzstein can be reached at cwetzstein@washingtontimes.com.
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