Rollback of the ACA Contraceptive Mandate

Trump’s New Rule Allows More Employers, Including For-Profit, Publicly-Traded Companies, To Omit Birth Control Coverage For MOral Or Religious Reasons

The Trump Administration Rolled Back The ACA’s Contraceptive Coverage Mandate, Now Allowing More Employers To Exempt Themselves For Moral Or Religious Reasons. According to The Washington Post, “The Trump administration issued a rule Friday that sharply limits the Affordable Care Act’s contraception coverage mandate, a move that could mean many American women would no longer have access to birth control free of charge. The new regulation, issued by the Health and Human Services Department, allows a much broader group of employers and insurers to exempt themselves from covering contraceptives such as birth control pills on religious or moral grounds. The decision, anticipated from the Trump administration for months, is the latest twist in a seesawing legal and ideological fight that has surrounded this aspect of the 2010 health-care law nearly from the start.” [Washington Post, 10/6/17]

Under Trump’s New Rule, For-Profit, Publicly-Traded Companies Would Be Able To Claim Religious Objections. According to The Washington Post, “This latest rewriting of the federal policy, in an interim final rule that takes effect immediately, broadens the entities that may claim religious objections to providing contraceptive coverage to nonprofit organizations and for-profit companies, even ones that are publicly traded. Also included are higher educational institutions that arrange for insurance for their students, as well as individuals whose employers are willing to provide health plans consistent with their beliefs. A separate section covers moral objections, allowing exemptions under similar circumstances except for publicly traded companies.” [Washington Post, 10/6/17]

Previously, Only “Closely Held” Private Companies – Like Hobby Lobby – Could Omit Birth Control Coverage From Plans

Under The ACA, “Religious Organizations” Were Exempt From The Birth Control Requirement, And Religiously-Affiliated And “Closely Held” Private Companies Could Request “Accommodations” Allowing Them Not To Pay For The Coverage Directly. According to Health Affairs Blog, “By way of a quick recap, the Affordable Care Act requires insurers and self-insured health plans to cover women’s preventive health services, as identified by the Health Resources and Services Administration (HRSA), without cost sharing. In 2011, pursuant to recommendations from HRSA which were based in turn on recommendations from the Institute of Medicine (now National Academy of Medicine), the administration adopted a rule requiring insurers and self-insured employers to cover all FDA-approved contraceptives. Recognizing that a number of religious organizations objected to the use of all or some contraceptives, the rule contained an exception for ‘religious organizations’ such as churches, which were absolutely exempt from the requirement. The administration subsequently created a further accommodation for entities like universities, hospitals, or charities operated by religious groups that object to contraceptives, but which are likely to employ women who use contraceptives. Under this second accommodation, the entities must either notify their insurer or plan administrator, or the Department of Health and Human Services, of their objection, after which it becomes the responsibility of the insurer or plan administrator to provide contraceptive coverage without any further involvement or payment from the entity. Following the Supreme Court’s decision in Hobby Lobby v. Burwell, the administration extended this accommodation to closely held for-profit corporations whose owners object to contraceptive coverage for religious reasons.” [Health Affairs Blog, 1/10/17]

• The “Closely Held” Standard Was The Result Of The 2014 “Hobby Lobby” Supreme Court Case. According to The New York Times, “In 2014, the Supreme Court struck down the contraceptive coverage mandate ‘as applied to closely held corporations’ like Hobby Lobby, a for-profit chain of craft stores owned by members of a Christian family who object to certain methods of contraception on religious grounds. The Supreme Court did not decide whether the religious freedom law applied to publicly traded, for-profit corporations. But the Trump administration says such companies should have the same protections.” [New York Times, 6/1/17]

Health Insurers Are Now Also Allowed to Omit Coverage, Putting The Total Number Of women AT Risk Of Losing Coverage At 62.4 Million

The Rule Would Also Allow Insurers To Refuse To Cover Contraception For Religious Or Moral Reasons. According to Vox, “The rule would also allow health insurers to refuse to cover contraception for religious or moral reasons, though the administration noted in a previous draft that it was not aware of any health insurers that have those objections. It would also allow individuals to object to participating in a health plan that covers birth control.” [Vox, 10/6/17]

As Of September 2017, An Estimated 62.4 Million Women Had Birth Control With No Out-Of-Pocket Costs Because Of The ACA. According to the National Women’s Law Center, “The National Women’s Law Center has calculated new 2017 estimates that 62.4 million women have insurance coverage of birth control without out-of-pocket costs as required by the Affordable Care Act (ACA). This is approximately seven million more women than the most recent estimates provided by the Department of Health and Human Services, Assistant Secretary for Planning and Evaluation in May 2015. This new data is further evidence that the ACA is working and continues to improve the lives of individuals across the country, despite attempts to repeal it and sabotage its implementation.” [National Women’s Law Center, 9/25/17]

NYT: “By Spring 2014, Two-Third Of Women Using Birth Control Pills And Nearly 75 Percent Of Women Using The Contraceptive Ring Were No Longer Paying Out-Of-Pocket Costs.” According to The New York Times, “By spring 2014, two-thirds of women using birth control pills and nearly 75 percent of women using the contraceptive ring were no longer paying out-of-pocket costs.” [New York Times, 6/1/17]

The ACA Saved Women $1.4 Billion On Birth Control Pills In 2013 Alone. According to The New York Times, “The architects of the Affordable Care Act intended to broadly expand access to contraception by making it a regular benefit of health insurance, and the Obama administration’s goal was to guarantee birth control for as many women as possible. […] In 2013 alone, the mandate had saved women $1.4 billion on birth control pills, according to the National Women’s Law Center.” [New York Times, 6/1/17]

ACLU’s Louise Melling: “You Have A Whole Set Of questions About Whether The Government Is Enabling Employers To Impose Their Beliefs On Others”

Louise Melling, Deputy Legal Director At The ACLU: “If The Rule Says Any Employer Can Withhold This Benefit From Employees, Then You Have A Whole Set Of Questions About Whether The Government Is Enabling Employers To Impose Their Beliefs On Others.” According to The Wall Street Journal, “‘If the rule says any employer can withhold this benefit from employees, then you have a whole set of questions about whether the government is enabling employers to impose their beliefs on others,’ said Louise Melling, deputy legal director at the American Civil Liberties Union.” [Wall Street Journal, 8/16/17]

WSJ: “Reproductive-Rights Activists Say They Will Sue The Trump Administration If It Moves Ahead With The Rule, Arguing That The Change Would Unfairly Impose Employers’ Beliefs On Their Workers And That The Administration Has Cut Regulatory Corners In Writing The Policy.” According to The Wall Street Journal, “Reproductive-rights activists say they will sue the Trump administration if it moves ahead with the rule, arguing that the change would unfairly impose employers’ beliefs on their workers and that the administration has cut regulatory corners in writing the policy. ‘We are preparing various different legal theories to fight the rule very quickly,’ said Mara Gandal-Powers, senior counsel at the National Women’s Law Center, an advocacy group. ‘We think we have a really strong claim.’” [Wall Street Journal, 8/16/17]

Sarah Hutchinson Ratcliffe Of Catholics For Choice And Black Women’s Reproductive Justice Advocate Marcela Howell: “The Decision To Deny Coverage Hurts Real People — With Diverse Faith Views — Who Find Themselves At The Mercy Of Their Employer To Afford Healthcare.” According to an opinion piece by Sarah Hutchinson Ratcliffe and Marcela Howell in The Hill, “In their editorial on this matter, Alveda King and Father Frank Pavone argued that they are fighting to protect their religious freedoms. Chief among their battles is their desire to lift the contraception mandate — guaranteeing contraceptive coverage for all Americans — for not only religious organizations, but any corporation that ‘morally’ objects to it. What they forget to consider is the religious freedoms of all other Americans who want and need contraceptive coverage to make their own responsible and ethical decisions about when, how and whether to have a family. The decision to deny coverage hurts real people — with diverse faith views — who find themselves at the mercy of their employer to afford healthcare. This failed consideration is hardly surprising as Father Frank Pavone’s Priests for Life organization has a history of taking extremist positions on religious freedoms that are not supported by most Catholics.” [Sarah Hutchinson Ratcliffe and Marcela Howell, Opinion – The Hill, 8/16/17]

Critics: Undoing The Rule Would Amount To Sex Discrimination Because It Would Disproportionately Affect Women’s Health Care

Opponents Argued Undoing The Rule Would Amount To Sex Discrimination Because It Would Disproportionately Affect Women’s Health Care. According to The Wall Street Journal, “Lawyers preparing potential legal cases for opponents of the change say that if the rule resembles the leaked draft, the policy could qualify as sex discrimination, since it would disproportionately affect women’s health care.” [Wall Street Journal, 8/16/17]

The Text Of The Rule Claimed Contraceptive Use Could Promote “Risky Sexual Behavior” In teens And Young Adults

In The New Rule, The Trump Administration Claimed Contraceptive Use Could Promote “Risky Sexual Behavior” In Teens And Young Adults. According to The New York Times, “There is no way to satisfy all of the religious objections to the contraceptive coverage mandate, so ‘it is necessary and appropriate to provide the expanded exemptions,’ the Trump administration says in the new rules. ‘Application of the mandate to entities with sincerely held religious objections to it does not serve a compelling governmental interest,’ it says. The Trump administration acknowledges that this is a reversal of President Barack Obama’s conclusion that the mandate was needed because the government had a compelling interest in protecting women’s health. In the new rules, the Trump administration says the Affordable Care Act does not explicitly require coverage of contraceptives. The administration lists health risks that it says may be associated with the use of certain contraceptives, and it says the mandate could promote ‘risky sexual behavior’ among some teenagers and young adults.” [New York Times, 10/5/17]

Valerie Huber, A “National Abstinence Education Advocate,” Was Appointed Chief Of Staff To The Assistant Secretary

Valerie Huber, A “National Abstinence Education Advocate,” Was Appointed Chief Of Staff To The Assistant Secretary For Health At The Department Of Health And Human Services. According to The Hill, “The Trump administration has named a national abstinence education advocate to a post at the Department of Health and Human Services. Valerie Huber, the president of Ascend, a D.C.-based professional association that advocates for abstinence education, will be the chief of staff to the assistant secretary for health at HHS, according to a staff email obtained by The Hill.” [The Hill, 6/6/17]

The Assistant Secretary Of Health “Oversees Not Just The Office Of Adolescent Health But Also The Offices Of Population Affairs (OPA), Research Integrity, Women’s Health, And Minority Health.” According to Rewire, “Huber’s hiring puts an opponent of comprehensive sexuality education in an influential position. The assistant secretary for health oversees not just the Office of Adolescent Health but also the Offices of Population Affairs (OPA), Research Integrity, Women’s Health, and Minority Health, among others.” [Rewire, 6/8/17]

Huber “Could Feasibly Influence The Teen Pregnancy Prevention Program…And OPA’s Title X Program, Which Provides Reproductive Health Services And Contraception To Low-Income Women.” According to Rewire, “As chief of staff, Huber could feasibly influence the Teen Pregnancy Prevention Program (which her organization has led the charge to defund) and OPA’s Title X program, which provides reproductive health services and contraception to low-income women.” [Rewire, 6/8/17]

Huber Was “The President Of Ascend, A D.C.-Based Professional Association That Advocates For Abstinence Education,” Formerly Called The National Abstinence Education Association

Huber Was “The President Of Ascend, A D.C.-Based Professional Association That Advocates For Abstinence Education.” According to The Hill, “Valerie Huber, the president of Ascend, a D.C.-based professional association that advocates for abstinence education, will be the chief of staff to the assistant secretary for health at HHS, according to a staff email obtained by The Hill.” [The Hill, 6/6/17]

Ascend Was Formerly The National Abstinence Education Association. According to Slate, “For the past decade Huber has served as the president and CEO of Ascend, formerly known as the National Abstinence Education Association.” [Slate, 6/7/17]

Huber Referred To Her Program As “Sexual Risk Avoidance.” According to an op-ed by Valerie Huber for the Daily Signal, “Now that we know that the percent of high school students who have never had sex has increased by more than 10 percent in only 2 years, we at Ascend anticipate a public acknowledgement of the relevancy and efficacy of the Sexual Risk Avoidance message in both press and policy. Sexual Risk Avoidance is a sex education approach based on a recognized and often used public health model known as ‘risk avoidance’ or ‘primary prevention.’ It is the standard approach used to address risk behaviors such as underage drinking and smoking and is entirely appropriate and beneficial in addressing the risk of teen sex.” [Valerie Huber – Daily Signal, 6/26/16]

Huber Argued That President Obama’s Proposal To Defund Abstinence-Only Programs Was “Indefensible.” According to the Christian Post, “Valerie Huber, president and CEO of Ascend, formerly the National Abstinence Education Association said Monday that President Barack Obama’s proposal to defund abstinence-only education programs because they are not ‘evidenced-based’ is ‘indefensible.’ ‘The president’s recommendation to Congress is really indefensible. To say that there is not evidence that the sexual risk avoidance approach has research behind it is just not true,’ said Huber in an interview with The Christian Post Monday.” [Christian Post, 2/22/16]

Huber Managed Ohio’s Abstinence Program, Which Was Described As “Destructive” And Promoting “False And Misleading Information”

Huber “Managed Ohio’s Abstinence Program From 2004 To 2007. According to The Hill, “Huber also managed Ohio’s abstinence program from 2004 to 2007.” [The Hill, 6/6/17]

Slate: Research Found “That The Programs Huber Ran In The State Contained ‘False And Misleading Information’ About Abortion, Contraceptives, And Sexually Transmitted Infections” And Perpetuated “’Destructive, Inaccurate Gender Stereotypes.’” According to Slate, “For the past decade Huber has served as the president and CEO of Ascend, formerly known as the National Abstinence Education Association. Before that, she led Ohio’s abstinence education programs, a job from which she was suspended after being found guilty of ethics violations for trying to give a state contract to a company she had ties to. Research from Case Western Reserve University found that the programs Huber ran in the state contained ‘false and misleading information’ about abortion, contraceptives, and sexually transmitted infections, in addition to perpetuating ‘destructive, inaccurate gender stereotypes’ and presenting ‘religious convictions as scientific fact.’ One curriculum said that teenagers who have sex before marriage should ‘be prepared to die.’” [Slate, 6/7/17]

Huber Said Of A Study Showing That Teen Pregnancy Rates Were Down Due To Increased Contraceptive Use, That The Study Was Biased Toward Contraception

A Study Showed That Teen Pregnancy Rates Had Dropped Significantly Due To “Increased, And Increasingly Effective, Use Of Contraceptives.” According to PBS Newshour, “Teen pregnancy is way down. And a study suggests that the reason is increased, and increasingly effective, use of contraceptives. From 2007 to 2013, births to teens age 15 to 19 dropped by 36 percent; pregnancies fell by 25 percent from 2007 to 2011, according to federal data. But that wasn’t because teens were shunning sex. The amount of sex being had by teenagers during that time period was largely unchanged, says the study, which was published online in the Journal of Adolescent Health. And it wasn’t because they were having more abortions. Abortion has been declining among all age groups, and particularly among teenagers. Rather, the researchers from the Guttmacher Institute and Columbia University found that ‘improvement in contraceptive use’ accounted for the entire reduced risk of pregnancy over the five-year period.” [PBS Newshour, 9/2/16]

“Valerie Huber… Says The Study Is Biased Toward Birth Control.” According to PBS Newshour, “Valerie Huber, who advocates for programs that urge teens to wait to have sex rather than provide information about contraception, says the study is biased toward birth control. ‘As public health experts and policymakers, we must normalize sexual delay more than we normalize teen sex, even with contraception,’ said a statement from Huber, president and CEO of Ascend, a group that promotes abstinence education. ‘We believe youth deserve the best opportunity for a healthy future.’” [PBS Newshour, 9/2/16]

Huber’s Appointment Was Supported By The Family Research Council, A Group Listed As An Extremist Group By The Southern Poverty Law Center

Huber’s Appointment Was Supported By The Family Research Council. According to the Associated Press, “The conservative Family Research Council has hailed all three appointments as evidence that the Trump administration seeks transform to HHS into a more conservative agency on such issues as abortion and sexuality. ‘Valerie has a long history of promoting healthy lifestyles, especially for women and children,’ said Tony Perkins, the council’s president. ‘I can’t think of anybody better for the job.’” [Associated Press via U.S. News and World Report, 6/7/17]

Family Research Council Was Listed As An Extremist Group By The Southern Poverty Law Center. According to the Southern Poverty Law Center, the Family Research Council was listed as an extremist group. [SPLCenter.org, accessed 8/14/17]

• The Family Research Council Was Designated “An Anti-LGBT Hate Group”. According to the Southern Poverty Law Center, “Tony Perkins heads the Family Research Council, an anti-LGBT hate group located in Washington, D.C. Perkins has a sordid political history, having once purchased Klansman David Duke’s mailing list for use in a Louisiana political campaign he was managing. In 2001, Perkins gave a speech to a Louisiana chapter of the Council of Conservative Citizens, a white supremacist group. Since joining the FRC, Perkins has taken the group in a harder anti-LGBT direction, using it to publish false propaganda about that community and contending that gay rights advocates intend to round up Christians in ‘boxcars.’” [Southern Poverty Law Center, viewed 11/9/15]

The Family Research Council Worked Against A Woman’s Right To Choose. According to the Southern Poverty Law Center, “As an independent nonprofit, the FRC continued its work in ‘pro-family’ areas, working against abortion and stem cell research, fighting pornography and homosexuality, and promoting ‘the Judeo-Christian worldview as the basis for a just, free, and stable society.’ That work would establish FRC as one of the most powerful of the far right’s advocacy groups.” [Southern Poverty Law Center, accessed 11/6/15]

A Survey Of Large Companies Found 11% Were Likely To Stop Covering Contraception Without A Mandate

2017: 11% Of Respondents Either “Strongly Agreed or Agreed” That Their Organization Would Stop Covering Contraceptive Care Without The ACA Mandate. According to a Willis Towers Watson Survey of employers with at least 200 employees, “Our organization would stop covering contraceptive care at first dollar if the coverage requirement under ACA is repealed. 11% Strongly Agree or Agree, 29% Neither agree nor disagree.” [Willis Towers Watson 2017 Emerging Trends in Health Care Survey, Accessed 10/10/17]

2017: 29% of Respondents “Neither Agree Nor Disagree” That Their Organization Would Stop Covering Contraceptive Care Without The ACA Mandate. According to a Willis Towers Watson Survey of employers with at least 200 employees, “Our organization would stop covering contraceptive care at first dollar if the coverage requirement under ACA is repealed. 11% Strongly Agree or Agree, 29% Neither agree nor disagree.” [Willis Towers Watson 2017 Emerging Trends in Health Care Survey, Accessed 10/10/17]

At Least 50 For-Profit Entities Challenged The ACA’s Contraception Mandate

1. Hobby Lobby – 13,000 Employees. According to Jezebel, “Hobby Lobby A national craft supply chain based in Oklahoma City that employs over 13,000 people across the country. Founder David Green is part of the ‘We feel that emergency contraception is abortion so please respect our nonsensical and scientifically inaccurate fantasies, thx!’ camp. ‘Our family is now being forced to choose to between following the laws of the land that we love or maintaining the religious beliefs that have made our business successful and supported our family and thousands of our employees and their families,’ Green once argued. ‘We simply cannot abandon our religious beliefs to comply with this mandate.’ First person to needlepoint that argument on a pillow wins unlimited googly-eyes for life.” [Jezebel, 2/7/13]

Hobby Lobby Lobbying:

1. 2015 To Present: Hobby Lobby – No Reported Money Spent On Lobbying. [Senate Lobbying Disclosure Act Database, Accessed 10/11/17]
2. 2014: Hobby Lobby Spent $150,000 – Hired “Health Policy Source.” [Open Secrets, Accessed 10/11/17]
3. 2014: Health Policy Source Reported Lobbying On “Medicare & Medicaid” Only. [Open Secrets, Accessed 10/11/17]
4. 2013: Hobby Lobby Spent $20,000 – Hired “Health Policy Source.” [Accessed 10/11/17]
5. 2013: Health Policy Source Reported Lobbying On “Medicare & Medicaid” Only. [Open Secrets, Accessed 10/11/17]
6. 2010, 2011, 2012: Hobby Lobby Spent $0 On Lobbying Activities. [Open Secrets, Accessed 10/11/17]

4. Mardel Inc. Challenged Employer Mandate As Part Of Hobby Lobby V. Burwell. According to the Huffington Post, “The court will hear two consolidated challenges brought by closely held companies and their owners. One of the cases was filed by arts-and-crafts retailer Hobby Lobby Stores Inc and Mardel, a chain of Christian bookstores. Both are owned and operated by David and Barbara Green and their children, who are evangelical Christians. The other case was brought by a Mennonite family that owns a company in Pennsylvania, Conestoga Wood Specialties. The company is owned and operated by Norman and Elizabeth Hahn and their three sons.” [Huffington Post, 5/25/14]
5. Conestoga Wood Specialties Corporation – 950 Employees. According to Jezebel, “3. Conestoga Wood Specialties Corporation A Pennsylvania-based wood cabinet and specialty products manufacturer run by Mennonites who think some birth-control products such as Plan B are ‘sinful and immoral’ and ‘an intrinsic evil and a sin against God.’ The company employs 950 people who don’t all necessarily agree that they’re Satan incarnated.” [Jezebel, 2/7/13]
6. Weingartz Supply Company – 170 Employees. According to Jezebel, “Weingartz Supply Company A secular Michigan company that sells outdoor power equipment. Roman Catholic owner Daniel Weingartz has said that he ‘devised a health plan that, in keeping with his religious beliefs, excluded coverage of contraceptives’ for his 170 employees. Aww, how thoughtful.” [Jezebel, 2/7/13]
7. Trijicon – 212 Employees. According to Mother Jones, “In Michigan, there’s Trijicon, a military contractor specializing in optics equipment for weapons. The company last made headlines in 2010, when it came under fire for stamping references to Bible verses on its combat rifle sights. According to data provided to Mother Jones by the Department of Defense, Trijicon currently holds at least $8.9 million in active contracts with the US military.” [Mother Jones, 4/2/14]

• Trijicon Has 212 Employees Enrolled On Its Insurance Plan. According to Mother Jones, “In its August 2013 lawsuit, Trijicon claims that the company ‘and its shareholders have a deeply held religious belief that life begins at conception/fertilization.’ The company’s website states: ‘We believe that America is great when its people are good. This goodness has been based on biblical standards throughout our history and we will strive to follow those morals.’ Depending on where the Supreme Court lands on Hobby Lobby, that belief could mean no more birth control coverage for the company’s 257 employees, 212 of whom are currently enrolled in the company’s insurance plan. Trijicon did not respond to interview requests or emailed questions.” [Mother Jones, 4/2/14]

6. Joe Holland Chevrolet – 150 Employees. According to Mother Jones, “In West Virginia, Joe Holland, a born-again Christian who owns a local car dealership, is taking on the contraceptive mandate in court even while publicly touting his company’s support for women. Joe Holland Chevrolet, which filed suit against the Obama administration in June 2013, is closed on Sundays; on Monday mornings, Holland conducts an informal prayer session that’s open to his 150 employees. Holland is proud to have women filling positions throughout his dealership, all the way up to the management level. ‘When we think of women in the automotive industry, most of us see a receptionist or someone behind the desk doing paper work and other behind the scene tasks,’ says a company webpage created in 2011. ‘Not at Joe Holland Chevrolet & Imports of South Charleston, WV…At Joe Holland we understand the need for women to feel they are receiving trustworthy information and advice when it comes to service on their vehicle or the purchase of a vehicle.’” [Mother Jones, 4/2/14]
7. Eden Foods – According to Mother Jones, “One company NWLC’s Borchelt was particularly surprised to see on the list is Eden Foods, the Michigan-based organic food company, which she says has an ‘outstanding record of social and environmental responsibility.’ The company filed suit against the Obama administration in early 2013, eventually losing its case at the 6th Circuit Court of Appeals. Eden Foods did not respond to interview requests, but when Salon reporter Irin Carmon interviewed the company’s CEO, Michael Potter, about the case last April, he argued:” [Mother Jones, 4/2/14]
8. Tyndale House – 260 Employees. According to Jezebel, “Tyndale House An Illinois publishing company focusing on Christian books. The founder’s argument is that he shouldn’t have to provide his 260 employees with contraceptives he equates with abortion. Apparently, when you’re the boss, you get to make up science.” [Jezebel, 2/7/13]
9. Freshway Foods And Freshway Logistics – 400 Employees. According to Jezebel, “Freshway Foods and Freshway Logistics The produce processing and packing companies are Ohio-based but serve 23 states and employ about 400 people. ‘The government is requiring them to enter into a contract and to pay for things that they find morally objectionable, and they just want to be able to continue what they’ve been doing,’ one of their lawyers argued. ‘What they’ve been doing’ = excluding contraceptives, sterilization and abortion-inducing drugs from their company health insurance for the past decade. Some Freshway Foods have signs stating, ‘It’s not a choice, it’s a child,’ in case their employees didn’t get the message.” [Jezebel, 2/7/13]
10. Autocam Corporation – 680 Employees. According to Jezebel, “Autocam Corporation A West-Michigan-based company that makes parts for transportation and medical equipment and employs 680 people across the U.S. Here’s a lil video the founder made about how his employees are ‘like family’ which is why he wants to tell them how to live like an overbearing dad.” [Jezebel, 2/7/13]
11. Domino’s Farms – 89 Employees. According to Jezebel, “Domino’s Farms The Michigan-based property management company owned by Tom Monaghan, the same dude who founded Domino’s Pizza. (You can still order it, because he sold it in 1998.) 45 full-time and 44 part-time employees work there. In his lawsuit, Monaghan said contraception wasn’t health care but a ‘gravely immoral’ practice. Oh, go fuck yourself and your overly saucy pizza.” [Jezebel, 2/7/13]
12. Infrastructure Alternatives, Inc. – According to Jezebel, “Infrastructure Alternatives, Inc. A Michigan contractor in the fields of environmental dredging, contaminated sediment remediation, geotextile tube installation and water treatment operations. We can’t find any info on the case so [insert joke about tube tying here.]” [Jezebel, 2/7/13]
13. Korte & Luitjohan Contractors, Inc. – 90 Employees. According to Jezebel, “Korte & Luitjohan Contractors, Inc. An Illinois-based full-service construction contractor that employs about 90 workers. The Kortes ‘are adherents of the Catholic faith’ and ‘wish to conduct business in a manner that does not violate their religious faith,’ according to the suit. Aw, poor wittle Kortes; they make prioritizing your own beliefs over dozens of people who work for you sound so polite.” [Jezebel, 2/7/13]
14. Triune Health Group – 95 Employees. According to Jezebel, “Triune Health Group A secular Illinois corporation that specializes in facilitating the re-entry of injured workers into the workforce. The ‘health’ group (ha) employs 95 people. The founders say they embrace the belief embedded in Triune’s mission statement that each individual be ‘treated with the human dignity and respect that God intended’ and that the contraceptive mandate imposes a ‘gravely oppressive burden’ on their religious beliefs. Funnily enough, the company recently won an award for being ‘Chicago’s Best Workplace for Women.” [Jezebel, 2/7/13]
15. Grote Industries – 1,448 Employees. According to Jezebel, “Grote Industries An Indiana-based privately held manufacturer of vehicle safety systems. Because safety should always come first, except when it comes to sex. The company has 1,448 full-time employees. The court noted that ‘consistent with the Grote Family’s religious commitments, before January 1, 2013, the Grote Industries health-insurance plan did not cover abortifacient drugs, contraception, or sterilization.’ So they should never start, right?” [Jezebel, 2/7/13]
16. Tonn and Black Construction. According to Jezebel, “Tonn and Black Construction, LLC An Indiana construction company. The suit hasn’t gotten any publicity.” [Jezebel, 2/7/13]
17. O’Brien Industrial Holdings – 87 Employees. According to Jezebel, “O’Brien Industrial Holdings A Missouri company that processes ceramic materials and employs 87people. The company website says, ‘Our conduct is guided by the Golden Rule and the Ten Commandments. We will not discriminate based on anyone’s personal belief system.’ Mmk.” [Jezebel, 2/7/13]
18. American Pulverizer Company – 150 Employees. According to Jezebel, “American Pulverizer Company Owned by founders Paul and Henry Griesedieck who have controlling interest in four Missouri-based companies involved in the business of wholesale scrap metal recycling. The Griesediecks argued that ‘it would be sinful for us to pay for services that have a significant risk of causing the death of embryonic lives.’ Their companies employ about 150 living people whose opinions are apparently less important than these hypothetical embryos.” [Jezebel, 2/7/13]
19. Annex Medical – 18 Employees. According to Jezebel, “Annex Medical Inc. This is a weird one: plantiffs Stuart Lind and Tom Janas are Minnesotan business owners, the former of whom owns and operates Annex Medical and Sacred Heart Medical, companies that design, manufacture, and sell medical devices and employ 16 full-time and 2 part-time workers. Janas is an entrepreneur who has owned several dairy businesses in the past and intends to purchase another in 2013. He currently operates Habile Holdings and Venture North Properties, companies that lease commercial properties but currently have no employees.” [Jezebel, 2/7/13]
20. Sharpe Holdings, Inc. – 100 Employees. According to Jezebel, “Sharpe Holdings, Inc. A Missouri corporation that is involved in the farming, dairy, creamery, and cheese-making industries and employs at least 100 people. Delicious! But the founders’ beliefs — that ’the use of Plan B, Ella, and copper IUDs constitutes abortion on demand’ — are not so tasty. (Or true. But they’re ‘beliefs,’ so we have to respect them, because FREEDOM.)” [Jezebel, 2/7/13]
21. Sioux Chief Manufacturing Company – 370 Employees. According to Jezebel, “Sioux Chief MFG. Co, Inc. A Missouri plumbing products company. Obamacare ‘illegally and unconstitutionally coerces Plaintiffs to violate their sincerely held Catholic beliefs under threat of heavy fines and penalties,’ their lawyers argued. ‘The Mandate also forces Plaintiffs to fund government-dictated speech that is directly at odds with the religious ethics derived from their deeply held religious beliefs and the moral teachings of the Catholic Church that they strive to embody in their business.’ Ooh, way to get intellectual about limiting women’s rights. Perhaps the founders should host a debate with their 370 employees?” [Jezebel, 2/7/13]
22. Hercules Industries, Inc. – 303 Employees. According to Jezebel, “Hercules Industries, Inc. A Colorado corporation that manufactures heating, ventilation, and air conditioning products and employs 303 staffers. From the lawsuit: ‘although Hercules is a for-profit, secular employer, the Newlands [founders] adhere to the Catholic denomination of the Christian faith. According to the Newlands, ‘they seek to run Hercules in a manner that reflects their sincerely held religious beliefs.’ Thus, for the past year and a half the Newlands have implemented within Hercules a program designed to build their corporate culture based on Catholic principles.’ We guess only good Christians deserve air conditioning.” [Jezebel, 2/7/13]
23. Encompass Develop, Design & Construct – 70 Employees. According to Huffington Post, “Encompass Develop, Design & Construct The owner of this Kentucky-based architecture and construction firm also sued the government last year, saying that the Affordable Care Act’s requirement to cover ‘abortion-inducing drugs’ would lead to a ‘wrongful taking of human life’ that, as an evangelical Christian, he found ‘sinful.’ The case is currently pending. Encompass has about 70 employees who could be affected by the Hobby Lobby decision.” [Huffington Post, 7/1/14]
24. Johnson Welded Products – 200 Employees. According to Huffington Post, “Johnson Welded Products Citing freedom of speech violations, this manufacturing company, which makes parts for air brake systems for large vehicles, filed suit last year against the Obamacare birth control coverage requirement. Monday’s Supreme Court decision ‘will ensure a victory for our case,’ Robert Muise, the attorney representing the company, told HuffPost. Johnson Welded Products is a family-run company with more than 200 employees, Muise said.” [Huffington Post, 7/1/14]
25. Barron Industries, Inc. – 56 Employees. According to Huffington Post, “Barron Industries, Inc. Barron Industries, a family-owned metal casting and machining company based in Michigan, was granted a preliminary injunction by a district court last year in its case challenging the contraception mandate. The company, which has 56 full-time staffers, holds mass for employees at its own on-site chapel, according to the Thomas More Law Center.” [Huffington Post, 7/1/14]
26. Zumbiel Packaging – According to Huffington Post, “Zumbiel Packaging Zumbiel Packaging, a privately owned company in northern Kentucky that makes packaging for consumer products, filed suit against the Obama administration last year, saying that the clause of the Affordable Care Act requiring them to provide certain types of contraception violated the company’s religious beliefs and constitutional rights.” [Huffington Post, 7/1/14]
27. Ozinga Brothers – 750 Employees. According to Huffington Post, “Ozinga Bros. This concrete maker in Illinois has more than 750 employees, and sued the government in May 2013 for forcing it to provide FDA-approved forms of contraception in its health care packages. The Hobby Lobby decision means Ozinga, a closely held company, probably won’t have to.” [Huffington Post, 7/1/14]
28. Hart Electric LLC – 54 Employees. According to Huffington Post, “Hart Electric LLC Hart Electric is an electrical-component maker based in Illinois with 54 employees, according to court filings. The company’s owners sued the Obama administration in 2013 over the Obamacare contraception mandate, and the case is still pending.” [Huffington Post, 7/1/14]
29. Beckwith Electric – According to Huffington Post, “13. Beckwith Electric Beckwith Electric, a family-owned company in Florida that makes micro-processor technology, sued the government last year, saying it had a conscientious objection to covering ‘abortifacients’ for employees. The case is currently pending.” [Huffington Post, 7/1/14] 

30. Randy Reed Automotive – 179 Employees. According to Huffington Post, “Randy Reed Automotive, Randy Reed Buick, Randy Reed Nissan, Randy Reed Chevrolet These family-run car dealerships in Missouri, which have around 179 full-time employees, also sued the federal government over the ACA requirement to cover contraception. The companies’ case cites a ‘deeply held religious belief that life begins at conception’ as its objection to the contraception. The case is currently pending.” [Huffington Post, 7/1/14]
31. Willis & Willis Challenged Contraception Mandate In Court. According to The Daily Beast, “Willis & Willis PC Michigan-based law firm.” [Daily Beast, 6/30/14]
32. Midwest Fastener Corporation Challenged Contraception Mandate In Court. According to The Daily Beast, “Midwest Fastener Corp Michigan-based company that supplies fasteners to the hardware store, home center, and industrial markets.” [Daily Beast, 6/30/14]
33. Electrolock Inc. Challenged Contraception Mandate In Court. According to The Daily Beast, “Electrolock Inc. Ohio-based corporation that works in the electrical and thermal insulation industry. Other plaintiff companies include Stone River Management Co. and Dunstone Co.” [Daily Beast, 6/30/14]
34. Mersino Management Challenged Contraception Mandate In Court. According to The Daily Beast, “Mersino Management Michigan-based management company and provides insurance for Mersino Enterprises, Mersino Dewatering, Global Pump Co., and Mersino South-West.” [Daily Beast, 6/30/14]
35. MK Chambers Challenged Contraception Mandate In Court. According to The Daily Beast, “MK Chambers Company Michigan-based supplier of specialty machining.” [Daily Beast, 6/30/14]
36. M&N Plastics Challenged Contraception Mandate In Court. According to The Daily Beast, “M&N Plastics Michigan-based supplier of custom injection molding products.” [Daily Beast, 6/30/14]
37. Lindsay, Rappaport And Postel LLC Challenged Contraception Mandate In Court. According to The Daily Beast, “Lindsay, Rappaport and Postel LLC LR&P is an Illinois-based law firm that primarily practices in insurance defense, insurance coverage, and appellate work.” [Daily Beast, 6/30/14]
38. Bick Holdings Challenged Contraception Mandate In Court. According to The Daily Beast, “Bick Holdings Inc. Missouri-based holding company for operating companies Bick Group Inc., Bick Properties Inc., and SEALCO LLC. Through these subsidiaries BHI engages in data center consulting, design, maintenance, service, and cleaning.” [Daily Beast, 6/30/14]
39. SMA LLC Challenged Contraception Mandate In Court. According to The Daily Beast, “SMA LLC Minnesota based agricultural/industrial construction company.” [Daily Beast, 6/30/14]
40. Medford The QC Group Inc. Challenged Contraception Mandate In Court. According to The Daily Beast, “Medford The QC Group Inc is a Minnesota-based corporation, owned by Daniel Medford and David DeVowe, which provides quality control services.” [Daily Beast, 6/30/14]
41. Feltl and Co. Challenged Contraception Mandate In Court. According to The Daily Beast, “Feltl and Co.Minnesota-based securities brokerage and investment banking company.” [Daily Beast, 6/30/14]
42. Doboszenski & Sons, Inc. Challenged Contraception Mandate In Court. According to The Daily Beast, “Doboszenski & Sons, Inc Minnesota-based company that provides services for excavation, demolition, and street construction and reconstruction.” [Daily Beast, 6/30/14]
43. Hastings Automotive Inc. Challenged Contraception Mandate In Court. According to The Daily Beast, “Hastings Automotive Hastings Automotive Inc. (known as Hastings Ford) and Hastings Chrysler Center are Minnesota car dealerships.” [Daily Beast, 6/30/14]
44. Stinson Electric Challenged Birth Control Mandate In Court. According to The Daily Beast, “Stinson Electric Minnesota electrical services company.” [Daily Beast, 6/30/14]
45. Continuum Health Partnership Challenged Contraception Mandate In Court. According to The Daily Beast, “Continuum Health Partnership & Conessione CHP is a Colorado-based oxygen supply company; Conessione is an investment company.” [Daily Beast, 6/30/14]
46. Conessione Challenged Contraception Mandate In Court. According to The Daily Beast, “Continuum Health Partnership & Conessione CHP is a Colorado-based oxygen supply company; Conessione is an investment company.” [Daily Beast, 6/30/14]
47. Mountain States Health Properties Challenged Contraception Mandate In Court. According to CBS Denver, “Tuesday’s order says Continuum Health Partnerships, Continuum Health Management and Mountain States Health Properties can’t be required to include contraception or sterilization in their health insurance because of their religious objections.” [CBS Denver, 1/27/15]
48. Cherry Creek Mortgage Co. Challenged Contraception Mandate In Court. According to The Daily Beast, “Cherry Creek Mortgage Co. Colorado-based full-service residential mortgage banking company.” [Daily Beast, 6/30/14]
49. Good Will Publishers Challenged Contraception Mandate In Court. According to The Daily Beast, “Catholic Benefits Association *For- and non-profit corporations including Good Will Publishers, the Catholic Benefits Association, and Catholic Insurance Company.” [Daily Beast, 6/30/14]
50. Catholic Insurance Company Challenged Contraception Mandate In Court. According to The Daily Beast, “Catholic Benefits Association *For- and non-profit corporations including Good Will Publishers, the Catholic Benefits Association, and Catholic Insurance Company.” [Daily Beast, 6/30/14]

At Least 37 Non-Profits Challenged The ACA’s Contraception Mandate

1. East Texas Baptist University. According to the Petitioner’s Brief accessed at ACLU, “East Texas Baptist University, et al., Petitioners” [ACLU – East Texas Baptist University V. Burwell, 1/4/16]
2. Little Sisters of the Poor Home for the Aged, Denver, Colorado. According to the U.S. Supreme Court Petitioner’s Brief accessed at ACLU, “Little Sisters of the Poor Home for the Aged Denver, Colorado, et al., Petitioners” [ACLU – East Texas Baptist University V. Burwell, 1/4/16]
3. Southern Nazarene University. According to the U.S. Supreme Court Petitioner’s Brief accessed at ACLU, “Southern Nazarene University, et al., Petitioners” [ACLU – East Texas Baptist University V. Burwell, 1/4/16]
4. Geneva College. According to the U.S. Supreme Court Petitioner’s Brief accessed at ACLU, “Geneva College, Petitioner” [ACLU – East Texas Baptist University V. Burwell, 1/4/16]
5. College of the Ozarks. According to the U.S. Supreme Court Amicus Brief accessed on Scotus Blog, “Brief Of Amicus Curiae The School Of The Ozarks, Inc. D/B/A College Of The Ozarks In Support Of Petitioners” [Scotus Blog – East Texas Baptist University V. Burwell, 1/11/16]
6. Justice And Freedom Fund. According to the U.S. Supreme Court Amicus Brief accessed on Scotus Blog, “Brief Of Justice And Freedom Fund As Amicus Curiae In Support Of Petitioners” [Scotus Blog – Zubik V. Burwell, Accessed 10/10/17]
7. Belmont Abbey College Challenged Birth Control Mandate In Court. According to The Daily Beast, “Belmont Abbey Coll.” [Daily Beast, 6/30/14]
8. Archbishop of Washington Challenged Birth Control Mandate In Court. According to The Daily Beast, “Roman Catholic Archbishop of Washington” [Daily Beast, 6/30/14]
9. Priests For Live Challenged Birth Control Mandate In Court. According to The Daily Beast, “Priests for Life (New York)” [Daily Beast, 6/30/14]
10. Archdiocese of New York Challenged Birth Control Mandate In Court. According to The Daily Beast, “Roman Catholic Archdiocese of NY” [Daily Beast, 6/30/14]
11. Catholic Charities of the Archdiocese of Philadelphia Challenged Birth Control Mandate In Court. According to The Daily Beast, “Catholic Charities of the Archdiocese of Philadelphia, et al.” [Daily Beast, 6/30/14] 

12. Louisiana College Challenged Birth Control Mandate In Court. According to The Daily Beast, “Louisiana College” [Daily Beast, 6/30/14]
13. Diocese of Biloxi Challenged Birth Control Mandate In Court. According to The Daily Beast, “Roman Catholic Diocese of Biloxi (Mississippi)” [Daily Beast, 6/30/14]
14. Diocese of Beaumont Challenged Birth Control Mandate In Court. According to The Daily Beast, “57. Catholic Diocese of Beaumont (Texas)” [Daily Beast, 6/30/14]
15. Michigan Catholic Conference Challenged Birth Control Mandate In Court. According to The Daily Beast, “58. Michigan Catholic Conference” [Daily Beast, 6/30/14]

16. Right To Life of Michigan Challenged Birth Control Mandate In Court. According to The Daily Beast, “Right to Life of Michigan” [Daily Beast, 6/30/14]
17. Diocese of Nashville Challenged Birth Control Mandate In Court. According to The Daily Beast, “Catholic Diocese of Nashville (Texas)” [Daily Beast, 6/30/14]
18. Ave Maria Foundation Challenged Birth Control Mandate In Court. According to The Daily Beast, “Ave Maria Foundation (Michigan)” [Daily Beast, 6/30/14]
19. Union University Challenged Birth Control Mandate In Court. According to The Daily Beast, “Union University (Tennessee)” [Daily Beast, 6/30/14]
20. University of Notre Dame Challenged Birth Control Mandate In Court. According to The Daily Beast, “University of Notre Dame (Indiana)” [Daily Beast, 6/30/14]
21. Diocese of Fort Wayne Challenged Birth Control Mandate In Court. According to The Daily Beast, “Diocese of Fort Wayne-South Bend (Indiana)” [Daily Beast, 6/30/14]
22. Grace Schools of Indiana Challenged Birth Control Mandate In Court. According to The Daily Beast, “Grace Schools (Indiana)” [Daily Beast, 6/30/14]
23. Archdiocese of St. Louis Challenged Birth Control Mandate In Court. According to The Daily Beast, “Archdiocese of St. Louis (Missouri)” [Daily Beast, 6/30/14]
24. Dordt College of Iowa Challenged Birth Control Mandate In Court. According to The Daily Beast, “Dordt College (Iowa)” [Daily Beast, 6/30/14]
25. Colorado Christian Challenged Birth Control Mandate In Court. According to The Daily Beast, “Colorado Christian” [Daily Beast, 6/30/14]
26. Reaching Souls International Challenged Birth Control Mandate In Court. According to The Daily Beast, “Reaching Souls International, (Oklahoma)” [Daily Beast, 6/30/14]
27. Fellowship of Catholic University Students Challenged Birth Control Mandate In Court. According to The Daily Beast, “Fellowship of Catholic University Students (Colorado)” [Daily Beast, 6/30/14]
28. Diocese of Cheyenne Challenged Birth Control Mandate In Court. According to The Daily Beast, “Diocese of Cheyenne (Wyoming)” [Daily Beast, 6/30/14]
29. Eternal World Television Network Challenged Birth Control Mandate In Court. According to The Daily Beast, “Eternal World Television Network (Alabama)” [Daily Beast, 6/30/14]
30. Ave Maria University Challenged Birth Control Mandate In Court. According to The Daily Beast, “Ave Maria University (Florida)” [Daily Beast, 6/30/14]
31. Archdiocese of Atlanta Challenged Birth Control Mandate In Court. According to The Daily Beast, “Roman Catholic Archdiocese of Atlanta (Georgia)” [Daily Beast, 6/30/14]
32. “Perisco (Diocese of Erie)” Challenged Birth Control Mandate In Court. According to The Daily Beast, “Perisco (Diocese of Erie)” [Daily Beast, 6/30/14]
33. “Zubik (Diocese of Pittsburgh)” Challenged Birth Control Mandate In Court. According to The Daily Beast, “Zubik (Diocese of Pittsburgh)” [Daily Beast, 6/30/14]
34. “Brandt (Diocese of Greensburg)” According to The Daily Beast, “Brandt (Diocese of Greensburg),” [Daily Beast, 6/30/14]
35. James Dobson Challenged Birth Control Mandate In Court. According to The Daily Beast, “Dr. James Dobson (‘Family Talk’ radio show and ministry)” [Daily Beast, 6/30/14]
36. Ave Maria School of Law Challenged Birth Control Mandate In Court. According to The Daily Beast, “Ave Maria School of Law (Florida)” [Daily Beast, 6/30/14]
37. Catholic Benefits Association Challenged Birth Control Mandate In Court. According to The Daily Beast, “Catholic Benefits Association *For- and non-profit corporations including Good Will Publishers, the Catholic Benefits Association, and Catholic Insurance Company.” [Daily Beast, 6/30/14]