Federal Court Denies Notre Dame’s Request for Injunction to Contraceptive Coverage Policy

In May, a federal court ruled that Notre Dame University had not met requirements for a preliminary injunction to exempt it from providing contraceptive coverage for employees and students while fighting the Affordable Care Act provision.

The Supreme Court had ordered the Seventh Circuit Court of Appeals in March to reconsider a February 2014 decision, which had denied a religious exemption, in light of the Hobby Lobby verdict. Notre Dame has been fighting an accommodation under which the university notifies the government of its religious objections while insurers administrate contraceptive coverage.

Judge Richard Posner wrote in his opinion that under the accommodation, “[T]here is no suggestion that Notre Dame is involved at all in Aetna’s and Meritain’s contraception coverage,” according to Religion Dispatches. Rather, “we have no basis for concluding that any of the university’s proposed -alternatives would avoid imposing an unreasonable cost either on the government or on Notre Dame’s students and employees.”

Posner said of the ongoing lawsuit, “Although Notre Dame is the final arbiter of its religious beliefs, it is for the courts to determine whether the law actually forces Notre Dame to act in a way that would violate those beliefs.”

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