Third Circuit Rules Secular Anti-Abortion Group Must Comply with ACA Contraceptive Mandate

The U.S. Court of Appeals for the Third Circuit recently ruled that Real Alternatives, “a non-profit non-religious anti-abortion organization,” must comply with the “contraceptive mandate” of the Patient Protection and Affordable Care Act [ACA; Pub. L. No. 111-148, 3/23/10].  The ACA requires employer-provided health insurance plans to cover multiple preventive services, including FDA-approved contraceptives (see 42 U.S.C. 300gg-13 and 42 U.S.C. 18022).  The ACA allows a limited exemption for religious organizations and their integrated auxiliaries (see 45 C.F.R. § 147.131(a)), as well as additional accommodations for religious non-profit and for-profit employers who arrange for contraceptive coverage through third parties at no cost to, and with no participation of, the objecting employers (see 45 C.F.R. § 147.131(b)-(c)).  Real Alternatives argued it shared the same beliefs as religious organizations, and, pursuant to the Fourteenth Amendment’s Equal Protection Clause, was exempt from the contraceptive mandate.  The Court affirmed the 12/10/15 decision of the U.S. District Court for the Middle District of Pennsylvania to deny Real Alternatives’ motion for summary judgment, and granted the cross-motion for summary judgment filed by the U.S. Department of Health and Human Services, U.S. Department of Labor, and U.S. Department of Treasury.  For additional information, see the U.S. Court of Appeals for the Third Circuit opinion.