ILNews

7th Circuit grants injunction in company’s suit against providing employees contraceptives

Back to TopCommentsE-mailPrintBookmark and Share

Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.

The appellate court issued its order in William D. Grote III, et al. v. Kathleen Sebelius, 13-1077, overturning Judge Sarah Evans Barker’s refusal to grant the Grote family’s request for a preliminary injunction pending appeal against the enforcement of provisions of the Patient Protection and Affordable Care Act and related regulations that require Grote Industries to provide contraception and sterilization procedures in its group health insurance plan.

The Grotes object to providing this coverage for their employees through their self-insured plan because it conflicts with the family’s Catholic beliefs. In their lawsuit, they assert claims under the First Amendment and Due Process Clause of the Fifth Amendment, as well as claims alleging violations of the Religious Freedom Restoration Act and the Administrative Procedure Act. Under the mandate, the company had to begin providing coverage Jan. 1.

The day after Barker denied the Grotes’ motion, the 7th Circuit issued a preliminary injunction in Korte v. Sebelius, 12-3841, pending appeal. The Kortes also sued claiming the mandate violates the RFRA. The 7th Circuit found the Kortes established a reasonable likelihood of success on their RFRA claim and the harm to the Kortes’ religious liberty rights outweighed the temporary harm to the government’s interest of providing greater access to health care.

Judges Joel Flaum and and Diane Sykes found no material distinction between the cases and consolidated them for appeal.  

Judge Ilana Diamond Rovner dissented, believing the appellants haven’t shown they are reasonably likely to prevail on the merits of their claims and expanded on the doubts she expressed in Korte.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT