Kurtz Institute

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Zubik v. Burwell Amicus Brief

Contraception is an important part of preventive health care for women. Contraception allows women to plan, delay, space, and limit pregnancies, helping to avoid negative health impacts on women and children; it is critical for women with underlying medical conditions that would be further complicated by pregnancy, and it has other health benefits unrelated to preventing pregnancy. Contraception also allows women to further their educational and career goals, thereby advancing their economic and social equality.

But women have not always been able to access contraception or the particular method they need due to cost or other barriers. To protect women’s health, ensure that women do not pay more for insurance coverage than men, and advance women’s equality and well-being, the Patient Protection and Affordable Care Act (“ACA”) and implementing regulations require all new insurance plans to cover “[a]ll Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity” without cost-sharing requirements (the “contraception regulations”). See 42 U.S.C. § 300gg-13(a)(4); 45 C.F.R. § 147.130 (2013)(a)(1)(iv); Health Res. & Servs. Admin., U.S. Dep’t of Health & Human Servs., Women’s Preventive Services Guidelines, http://www. hrsa.gov/womensguidelines (“HRSA Guidelines”) (last visited Feb. 14, 2016).