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Little Sisters Of The Poor Argue Case In Supreme Court

Becket Fund For Religious Liberty
The Little Sisters of The Poor and supporters gather outside the US Supreme Court in Washington DC.

Birth control is once again at the center of a clash at the US Supreme Court. On Wednesday the court heard arguments from faith based colleges, charities and advocacy groups.

They oppose requirements of the Affordable Care Act that cost-free birth control be provided under their employee and student health care plans.

One organization, The Little Sisters of the Poor operate homes for the low-income elderly. They have more than 30 locations across the US. Two are here in Ohio and employ over 100 individuals.

Churches and houses of worship have been automatically exempt from this requirement, but faith based organizations, like the Little Sisters of the Poor have been given a workaround: complete official forms that notify the government that offering birth control under their employee healthcare plan would violate their religious beliefs. 

In this instance the organization is not charged and the government steps in to foot the bill instead. But the Little Sisters of the Poor say that accommodation still burdens their free exercise of religion. Legal counsel Stephanie Barclay explains that just because the sisters are not paying for it, doesn’t mean they’re not being forced to be complicit.

“This is a matter of conscience and whether they’re the ones providing services like the week after pill,” said Barclay. “What the government has said is ‘well we’re paying for it, it’s not a big deal’ but the sisters are saying, ‘yes but you’re still forcing us to provide [birth control] on our health plan.”

The sisters could face an annual fine of over $70 million if they do not change their healthcare plan to comply with the Affordable Care Act.

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