California Attorney General Kamala Harris on Monday filed a friend-of-the-court brief asking the U.S. Supreme Court to review whether for-profit businesses may claim religious exemptions from the national health-care law’s requirement that employee health plans cover birth control.
The brief urges the high court to hear Kathleen Sebelius v. Hobby Lobby Stores, Inc., and to overturn a lower court’s ruling that would allow two for-profit corporations to avoid full compliance with the law. The Obama Administration sought the court’s review last month.
“Access to contraceptive services is critical to the health of women and infants; women’s economic and social wellbeing; and women’s opportunities to participate fully in society,” the brief says. It also argues that a lower court’s determination that for-profit corporations may assert religious exemptions to certain laws could interfere with enforcement of other important regulations that protect public safety, civil rights, social welfare, housing, employment and public health.
“The freedom of individuals to exercise the religion of their choosing is one of the most important values in our society, as reflected by its enshrinement in the federal Constitution,” the brief says. “The federal government’s contraceptive coverage regulations under ACA respect that freedom through inclusion of appropriate exemptions, while also advancing the similarly compelling interests in public health and gender equality in access to health care. The court of appeals’ decision would upset that balance and threaten far-reaching impacts on the States beyond the issues presented by this action.”
Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland, New York, Oregon, Vermont, and Washington all joined in California’s brief, which addresses a ruling issued in June by the 10th U.S. Circuit Court of Appeals.