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Monday, January 06, 2014

Courts - Still more on "Indiana reflects contraception mandate disparity"

Updating this ILB post from Jan. 2nd, see "Analysis: The Little Sisters case and EBSA Form 700," by Lyle Denniston of SCOTUSblog, updated yesterday afternoon (h/t @AppellateDaily). The long analysis begins:

It seems like a bureaucratic thing to do, but gaining an understanding of what it means to sign government form EBSA 700 is the key to a historic religious controversy now before the Supreme Court in the Affordable Care Act case of Little Sisters of the Poor Home for the Aged v. Sebelius (docket 13A691).

Signing that form, the federal government argues, is a simple way for a religious organization like the Little Sisters to avoid what they regard as a sin: providing contraceptives and other pregnancy-related services to their female employees. But signing, the Little Sisters counter, would be the very act of violating their faith by clearing the way for such services for those employees.

In the government’s view, that is a legal issue, easily resolved by a court. To the Little Sisters, it is a religious question, and only they can decide what their faith tells them about it. The Supreme Court may have to decide which it is, and soon.

Posted by Marcia Oddi on January 6, 2014 09:19 AM
Posted to Courts in general