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Circuit Court Says Nuns Have to Sign Form to Provide Contraception

“It is a national embarrassment that the world’s most powerful government insists that, instead of providing contraceptives through its own existing exchanges and programs, it must crush the Little Sisters’ faith and force them to participate.”

In a departure from the U.S. Supreme Court’s protection of the Little Sisters of the Poor last year, the U.S. Court of Appeals for the Tenth Circuit ruled Tuesday that the Little Sisters must comply with the government’s Health and Human Services mandate, which requires insurance coverage of contraception and sterilization.

Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor, responded to the ruling with this statement: “As Little Sisters of the Poor, we simply cannot choose between our care for the elderly poor and our faith. And we should not have to make that choice, because it violates our nation’s commitment to ensuring that people from diverse faiths can freely follow God’s calling in their lives. For over 175 years, we have served the neediest in society with love and dignity. All we ask is to be able to continue our religious vocation free from government intrusion.”

The religious order is dedicated to serving the elderly by running care homes.

Mark Rienzi, Senior Counsel of the Becket Fund for Religious Liberty and lead attorney for the Little Sisters of the Poor, said the decision was disappointing. “After losing repeatedly at the Supreme Court, the government continues its unrelenting pursuit of the Little Sisters of the Poor. It is a national embarrassment that the world’s most powerful government insists that, instead of providing contraceptives through its own existing exchanges and programs, it must crush the Little Sisters’ faith and force them to participate. Untold millions of people have managed to get contraceptives without involving nuns, and there is no reason the government cannot run its programs without hijacking the Little Sisters and their health plan.”

The Tenth Circuit heard oral argument in this case December of last year.

Tuesday, the Tenth Circuit ruled that participating in the government’s contraception delivery scheme is “as easy as obtaining a parade permit, filing a simple tax form, or registering to vote” and that although the Sisters sincerely believe that participating in the scheme “make[s] them complicit in the overall delivery scheme,” the court “ultimately rejects the merits of this claim,” because the court believes the scheme relieves [the Little Sisters] from complicity.”

The Little Sisters and their attorneys are closely reviewing the court’s decision and will decide soon whether they must seek relief from the Supreme Court.

“We will keep on fighting for the Little Sisters, even if that means having to go all the way to the Supreme Court,” said Daniel Blomberg, Counsel at the Becket Fund for Religious Liberty.

The Court’s order similarly harms Christian Brothers Services and Christian Brothers Employee Benefit Trust, the Catholic ministries through which the Little Sisters obtain their health coverage.

All three ministries are also represented by Locke Lord LLP, the 2014 recipient of Becket’s legal service award. Kevin Walsh, a law professor at the University of Richmond Law School, also represents the Little Sisters of the Poor.

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