Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: What You Should Know About the Latest Contraceptive Mandate Challenge
Explainer: What You Should Know About the Latest Contraceptive Mandate Challenge
Aug 23, 2025 7:34 PM

The Supreme Court recently agreed to hear a challenge from religious nonprofit groups to federal government’s contraceptive mandate. Here are some answers to questions you may have about that case.

What is this case and what’s it about?

The case the Supreme Court will hear, Little Sisters of the Poor Home for the Aged v. bines seven challenges to the Health and Human Services’ (HHS) contraceptive 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 which the Little Sisters found to be insufficient.

The Supreme Court will 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.

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.

Doesn’t the “religious employer exemption” cover the Little Sisters and similar non-profits?

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

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 non-profit 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 non-profits. But this is a procedure the Little Sisters, et al., find insufficient to resolve their religious objections.

Isn’t this merely a Catholic issue?

No. Many Protestant non-profits have similar religious liberty objections. 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.

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
As SCOTUS mulls Maine religious discrimination case, anxious parents wait across the U.S.
The arguments in Carson v. Malkin have been heard but no decision has yet been made. Will families in Maine receive equal access to funding for private religious schools? Will the religious use/status distinction be abolished? Or will the ghost of James G. Blaine raise its eerie head? Read More… Earlier this month the U.S. Supreme Court heard oral arguments in the case of Carson v. Makin. The appellants in this case, co-represented by the Institute for Justice and my...
Jimmy Lai ranked No. 1 on press freedom coalition’s “10 Most Urgent” list
Imprisoned entrepreneur, publisher, and pro-democracy activist Jimmy Lai has been highlighted as the most urgent case when es to threats to press freedom in China, this as the world is about to focus on Beijing for the 2022 Winter Olympics. Read More… Every month, the One Free Press Coalition issues its “10 Most Urgent” list, ranking the most harrowing challenges to press freedom from around the world in order of urgency. Jimmy Lai, a 74-year-old Hong Kong entrepreneur and pro-democracy...
North Korea’s economic and cultural reversals mark Kim Jong-un’s 10th anniversary
COVID and failures at international summits have caused Pyongyang to reverse economic reforms and openness to South Koran pop culture. The future is beginning to look a lot like his father’s past. Read More… Communism has spawned only one full-scale monarchy: the Democratic People’s Republic of Korea. On December 17, 2011, 70-year-old Dear Leader Kim Jong-il died. That very same day, Kim’s 27-year-old son, Kim Jong-un, was put forth as the “Great Successor” and surrounded by elderly “mentors” who were...
Resolve this New Year to visit Billy Wilder’s The Apartment
The Big City can be a great place to lose yourself among a crowd, and too often lose your soul. Only love of another can help you find yourself again. Read More… Christmas movies tend to be sentimental, to emphasize the struggles that define our society and our souls, but ultimately they are hopeful and even joyful. Humanity triumphs at the end of the story—for evidence, read my series of essays on The Bishop’s Wife, The Shop Around the Corner,...
Acton Rome Fellow is making a difference in Africa
The Rev. Dr. Nicholas Chisongo is just one of many Acton fellows setting out to bring reform to the church and hope to the world. Hear what he has to say on the subject of church finance and canon law. Read More… For over 20 years, the Acton Institute’s Rome office has enjoyed a number of extremely impressive academic fellows as part of its prestigious scholarship programs offered to graduate students at pontifical universities. Aiding in the study of theology,...
This billionaire from Hong Kong is standing up to China’s oppression behind bars
Jimmy Lai remains strongly rooted: first in his fervent Catholic faith, and second in his unshakable support of freedom. Read More… Hong Kong was once a beacon of opportunity, of democracy. It was a political refuge, a blip in a territory controlled munist China. Seemingly overnight, 7.5 million Hong Kongers have had their freedoms stripped from them by an oppressive Chinese regime intentsilencing any voice of dissent — and that doesn’t mean revoking the odd Twitter account. It means imprisonment...
Pro-democracy activist Jimmy Lai charged with another violation of Hong Kong’s repressive NSL
Newspaper publisher Lai and six colleagues were charged with printing, publishing, and selling “seditious publications,” this after being convicted on a variety of charges for their anti-Beijing, pro-freedom activities. Read More… Prominent Hong Kong media mogul and pro-democracy advocate Jimmy Lai, along with six of his former staff members, were charged by prosecutors with an additional National Security Law (NSL) violation, this time regarding “seditious publications,” as part of their ongoing trial. Seventy-four-year-old Lai has already been convicted under the...
Pro-democracy activist Jimmy Lai wins one in court, as Hong Kong prosecutor’s appeal is denied
In 2020, entrepreneur and Apple Daily publisher Jimmy Lai beat back an attempt to prosecute him for “intimidating” a pro-Beijing reporter during a Tiananmen Square Massacre vigil. The prosecution appealed, and has now lost, even as Lai remains in prison convicted on other charges. Read More… Hong Kong prosecutors lost their appeal against a magistrate’s decision in September 2020 that cleared charges against media tycoon Jimmy Lai on “intimidating a reporter from a rival newspaper,” according to the South China...
Elizabeth Holmes is the con artist we were all waiting for
Her promise of a magical technology that would transform healthcare proved a lie, but why were so many smart, plished investors willing to believe it? Read More… Elizabeth Holmes has been found guilty on four of 11 federal charges of wire fraud and conspiracy, after promising revolutionary blood test technology from her corporation, Theranos. The promised disruption was something people desperately wanted and still want: cheap, quick blood tests, requiring only a finger drop of blood. In reality, the corporation...
Facebook is a symptom of a much deeper Big Tech problem
Facebook changing its name to Meta will not change the fact that all social media platforms make promises they can’t keep. Read More… At this point, most have heard about Frances Haugen, the whistleblower who leaked documents to the Wall Street Journal this fall detailing how Facebook knew about many of the downsides of its platform, yet chose to prioritize engagement. The documents outline, among other things, how Facebook introduced new reactions in addition to the Like button and then...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved