There are currently two contraceptive coverage cases being heard by the Supreme Court this term, Sebelius v. Hobby Lobby and Conestoga Wood Specialties Corp. v. Sebelius. Both cases challenge the health care law’s requirement that all new health insurance plans cover the full range of FDA-approved contraceptives and related education and counseling, without cost sharing.

The Institute for Science and Human Values is committed to protecting and advancing women’s full equality and health, with a particular interest in ensuring that women receive all of the benefits of access to paid contraceptive coverage, as provided in the Affordable Care Act, without regard to the religious views of their private employer. ISHV, under the auspices of our pro bono attorney, Ms Marcia Cohen, has signed onto two amicus briefs listed below.

1. The National Women’s Law Center amicus brief will focus primarily on how the contraceptive coverage requirement advances two compelling state interests: improving women’s health and furthering women’s equality.

2. The Center for Inquiry amicus brief will focus on both the government and the corporations seeking exemption focus their arguments on the Religious Freedom Restoration Act (“RFRA”). 42 U.S.C. § 2000bb-1. The government correctly maintains that there is no substantial burden on the free exercise of religion of the owners of the corporations, or indeed on the rights of the corporations themselves, if this Court were to find that such rights exist. It is the position of Amici herein that the granting of the requested exemption is not only not required under RFRA, but is also unconstitutional, because it would violate the Establishment Clause.