Korte v. Sebelius

Federal 7th Circuit Court
Civil Court
Patient Protection and Affordable Care Act
Case Number: 
Nos. 12-3841 & 13-1077 Cons.
Decision Date: 
November 8, 2013
Federal District: 
S.D. Ill. and S.D. Ind., New Albany Div.
Reversed and remanded
Dist. Cts erred in denying plaintiffs’ requests for issuance of preliminary injunction in actions seeking to bar govt. from requiring them to provide coverage for contraception and sterilization procedures in their employee health-care plans on no-cost-sharing basis where plaintiffs, as practicing Catholics and their closely-held corporations, alleged that such requirement violated their rights under Religious Freedom Restoration Act as placing substantial burden on their exercise of religion. Ct. found that: (1) business owners and their for-profit, closely-held corporations may assert religious objection to contraception mandate; (2) compelling plaintiffs to cover contraception services in health plans substantially burdens their religious-exercise rights; and (3) govt. failed to justify said burden under strict scrutiny standard. (Dissent filed.)