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A federal appeals court ruled Wednesday on challenges to the contraception mandate in the Affordable Care Act for Catholic charities.
(File photo)
LANSING -- A federal appeals court has denied the Michigan Catholic Conference's request for a preliminary injunction to exempt Catholic charities from the contraception mandate of the Affordable Care Act.
The Sixth Circuit Court of Appeals issued a decision Wednesday afternoon in a case brought by Michigan-based Catholic charities and a separate case brought in Nashville, Tenn., over the same issue.
The groups are eligible for "accommodations" or exemptions from the requirement, according to the court, but are required to certify to the company overseeing their insurance policies that they are declining to offer contraception for religious reasons.
In both cases, however, the groups argued that the certification requirement was a violation of religious freedom protections under the U.S. Constitution and federal law, and asked federal judges to prevent the government from forcing them to comply.
"Because these objections do not go to actual requirements of the contraceptive-coverage framework, they clearly do not demonstrate a substantial burden on appellants’ exercise of religion," Judge Karen Nelson Moore wrote.
The court sided with federal officials, who argued the actions required of the charities under the law were actions they regularly take to avoid providing insurance coverage for contraception, and therefore did not represent a burden to religious freedom.
Under federal law, the Justice Department argued, the Department of Health and Human Services lacks the authority to require the "third party administrator" in charge of Catholic Charities' insurance plan to comply with the mandate once the charities claim the exemption.
"They [HHS] acknowledge that, under current law, they lack authority to require the TPAs of self-insured church plans to make the separate payments for contraceptive services for participants and beneficiaries in such plans under the accommodation," government attorneys argued in December before a Grand Rapids federal district judge.
The decision lifts a temporary pause the Sixth Circuit granted in January pending the outcome of the appeal as well as denying the injunction requests the groups sought in trial courts.
Michigan Catholic Conference spokesman David Maluchnik said the group is examining the ruling's impact.
"We are disappointed with the decision from the panel. At this point we are analyzing their ruling and, along with counsel, are beginning to discuss next steps," he said via email.
Brian Smith is the statewide education and courts reporter for MLive. Email him at bsmith11@mlive.com or follow him on Twitter or Facebook.