Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: Supreme Court Punts on Little Sisters Religious Liberty Case
Explainer: Supreme Court Punts on Little Sisters Religious Liberty Case
Oct 14, 2026 2:59 AM

What just happened?

The Supreme Court avoided issuing a major ruling today in bined religious liberty case, Zubik v. Burwell. In a unanimous decision, the justices wrote that the Court “expresses no view on the merits of the cases” but were instead sending the case back down to the lower courts for opposing parties to work out promise.

What is this case, and what’s it about?

The case, Zubik v. bines seven challenges to the Health and Human Services’ (HHS) contraceptive/abortifacient mandate.

To fulfill the requirements of the Affordable Healthcare Act (aka ObamaCare) the federal government passed a regulation (often called the “HHS Mandate”) that attempts to force groups into providing insurance coverage for contraceptives, sterilization, and abortifacients. Some religious groups, such as the Little Sisters of the Poor, objected on the ground that the requirement violates their religious liberty as protected by the First Amendment and the federal Religious Freedom Restoration Act (RFRA). HHS offered an modation that the Little Sisters found to be insufficient.

The Supreme Court was asked to decide, as SCOTUS Blog explains, whether the government has offered nonprofit religious employers a means ply and whether the whether HHS satisfies RFRA’s test for overriding sincerely held religious objections in circumstances where HHS itself insists that overriding the religious objection will not fulfill HHS’s regulatory objective—namely, the provision of no-cost contraceptives to the objector’s employees.

Who are Zubik and Burwell?

The plaintiff in the case is the Most Rev. David A. Zubik, the twelfth Bishop of the Roman Catholic Diocese of Pittsburgh. Rev. Zubik supervises a diocese that oversees the Little Sisters of the Poor, a group that is opposing the mandate. This is why the case is still often referred to as the Little Sisters case, since the original lawsuit was Little Sisters of the Poor Home for the Aged v. Burwell.

The defendant in the case is Sylvia Mathews Burwell, the Secretary of Health and Human Services (HHS).

What was the modation, and why was it rejected?

The proposed modation would require the Little Sisters to find an insurer who will cover all of the things they oppose: sterilization, contraceptive, abortifacients, etc. They would also be required to sign a form that triggers the start of that coverage of those items and procedures that they find objectionable. They believe that the modation does not prevent them from violating their religious beliefs.

Who are the Little Sisters of the Poor?

The Little Sisters of the Poor is an international Roman Catholic Congregation of Religious Sisters that serves more than 13,000 elderly poor in 31 countries around the world. The first home opened in America in 1868, and now there are nearly 30 homes in the United States where the elderly and dying are cared for.

Isn’t this merely a Catholic issue?

No. Many Protestant nonprofits have similar objections as the Little Sisters. The current bines the cases that were brought by East Texas Baptist University, Southern Nazarene University, and Geneva College. Other groups who have brought similar lawsuits, such as Wheaton College, will also be affected by the e of this ruling.

Doesn’t the “religious employer exemption” cover the Little Sisters and similar nonprofits?

No, the general exemption the HHS provides applies only to churches and certain types of church-like organizations. Most religious nonprofits do not qualify.

Doesn’t the mandate apply to everyone equally?

No. In fact, 1 in 3 Americans do not have a plan that is subject to the mandate HHS is attempting to force on the Little Sisters. Many large corporations—such as Exxon, Chevron, and Pepsi—are already exempt from the mandate because they never changed their plans and are grandfathered. The government does not even require the nation’s largest employer—the U.S. military—to provide these services through their family insurance.

What if the Little Sisters simply refuse ply?

If the Little Sisters do not provide coverage for contraceptives, sterilization, and abortifacients, the government is threatening to fine them with $70 million in fines per year.

Didn’t the Hobby Lobby case already resolve this issue?

Last year the Court agreed some owners of closely held for-profit corporations, like Hobby Lobby, have sincere Christian beliefs that life begins at conception and that it would violate their religion to facilitate access to contraceptive drugs or devices that operate after that point.

The Court found that the HHS mandate violated RFRA because it imposed a substantial burden (i.e., if panies refused to violate their beliefs, they would face severe economic consequences: about $475 million per year for Hobby Lobby, $33 million per year for Conestoga, and $15 million per year for Mardel). The government also failed to satisfy RFRA’s least-restrictive-means standard, since the government could assume the cost of providing the four contraceptives to women unable to obtain coverage due to their employers’ religious objections or extend the modation that HHS has already established for religious nonprofit organizations to nonprofit employers with religious objections to the contraceptive mandate.

In that case, panies can qualify for an exemption by fill out a form and submitting it to the government. This type of modation was already available to religious nonprofits. But this is a procedure the Little Sisters and others find insufficient to resolve their religious objections.

Addendum: The Becket Fund for Religious Liberty, the nonprofit, public interest law firm that is defending the Little Sisters, created ic to illustrate the Obama administration’s peculiar reasoning on this case:

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Audio: On NPR, Samuel Gregg Discusses Pope Francis and Economics
National Public Radio did a roundup of views on what to expect from Pope Francis on economic issues. Reporter Jim Zarroli interviewed Acton Research Director Samuel Gregg and mentators on the Catholic left. NPR host Audie Cornish introduced Zarroli’s report by observing that the new pope es from Argentina, where poverty and debt have long posed serious challenges. In the past, when thrust into debates about the country’s economic future, Francis had made ments about wealth, inequality and the markets....
The Hidden Welfare Program for the Low-Skilled and Uneducated
There are 14 million Americans who are out of work yet don’t show up in the monthly unemployment statistics. The federal government spends more money each year on cash payments for this group than it spends on food stamps and bined. They are part of the hidden social safety net. They are the disabled former workers. NPR’s Planet Money has produced a fascinating report on the growth of federal disability programs and what disability means for American workers. Here are...
Cash for Young Entrepreneurs
The Hitachi Foundation is accepting applications for its 2013 Yoshiyama Young Entrepreneur Award, which identifies up to five young people striving to build “sustainable businesses” in the United States. Each awardee will receive $40,000 over two years, along with the tools and training designed to put a startup on the path to success. Deadline is March 28. The Hitachi Foundation says its Yoshiyama Young Entrepreneur Program “identifies and highlights leaders who are using the power of business to fight poverty...
Samuel Gregg: Pope Francis and the Renaissance of Natural Law
Those who thought Pope Francis was going to be a “a jolly, badly-dressed, Gaia-worshipping baby-boomer from 1972 received a severe jolt of reality today”, says Sam Gregg, Acton’s Director of Research. In today’s National Review Online, Gregg is quick to clear up any thoughts of the new pope being a relativist or pop culture phenom. While Pope Francis has made it clear from the very beginning of his pontificate that he wishes to draw attention to the poor, he’s not...
Women of Liberty: Feminine Brigades of St. Joan of Arc
(March is Women’s History Month. Acton will be highlighting a number of women who have contributed significantly to the issue of liberty during this month.) According to the religious liberties established under article 24, educational services shall be secular and, therefore, free of any religious orientation. The educational services shall be based on scientific progress and shall fight against ignorance, ignorance’s effects, servitudes, fanaticism and prejudice. All religious associations organized according to article 130 and its derived legislation, shall be...
Pope Francis and the Christians of the Middle East
“Every public gesture and word of the Holy Father tends to have meaning,” says Charles J. Chaput, the archbishop of Philadelphia. “So what was the pope saying with this symbolism as he began his new ministry?” Chaput believes Pope Francis focus is the persecuted church: The Chaldean and Syriac Catholic Churches of Iraq and Syria, while differing in rite and tradition from the Latin West, are integral members of the universal Catholic Church, in munion with the bishop of Rome....
Faith-Based Proxy Resolutions and GMOs
The Dow Chemical Co., along with E.I. Du Pont de Nemours, e under fire from the Adrian Dominicans and the Sisters of Charity due to panies’ production of genetically modified organisms. No, the sisters aren’t mounting the barricades outside the two corporations to protest what they might term “Frankenfoods,” but they have submitted proxy shareholder resolutions to demand, among other things, panies review and report by November 2013 on: Adequacy of plans for removing GE [genetically engineered] seed from the...
Samuel Gregg on TheBlaze TV: Europe is Getting Ugly Again
Acton’s Director of Research and author of ing Europe, Sam Gregg, will be on TheBlaze TV tonight at 6 p.m. EST. The discussion will focus on the current economic situation in Cyprus, where some officials are saying bank depositors could lose up to 40% of their savings. Gregg’s book focuses on Europe’s entitlement culture, heavy taxation, government-regulated markets and over-bearing bureaucracy. He asks the question, “Is this America’s future?” Is the current situation in Cyprus simply a sign of the...
Samuel Gregg: What Tocqueville Knew
In the Wall Street Journal, Acton Research Director Samuel Gregg turns to French political thinker Alexis de Tocqueville to show how democratic systems can be used to strike a Faustian bargain. “Citizens use their votes to prop up the political class, in return for which the state uses its power to try and provide the citizens with perpetual economic security,” Gregg explains. This, of course, speaks to the current catastrophe that is the European welfare state. French workers, for example,...
Work Is More Than a Means to Evangelism
As already discussed, Matthew Lee Anderson’s recent Christianity Today cover story on “radical Christianity” has been making waves. This week at The High Calling, Marcus Goodyear offers a healthy critique of one of Anderson’s key subjects, David Platt, aligning quite closely with Anderson’s analysis about the ultimatechallenges such movements face when es to long-term cultural cultivation. Focusing on Platt’s latest book, Follow Me, Goodyear notes that, despite Platt’s admirable efforts to get Christians “off their seats,” he often “emphasizes the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved