Breaking: Supreme Court sends Little Sisters’ case back to lower court

Washington D.C., May 16, 2016 / 08:53 am (CNA).- In a unanimous May 16 decision, the U.S. Supreme Court has sent back to the lower courts a challenge to the federal contraception mandate raised by the Little Sisters of the Poor.

The lawsuit involves the Department of Health and Human Services' federal contraception mandate, which requires employers to provide contraception and drugs that can produce abortions in employee health plans. While the government has offered an exemption to many corporations, it has no exemption for the Little Sisters of the Poor, who help run houses to care for the elderly poor.

The federal government has adjusted the rule several times. It presently provides what it describes as an “accommodation” that requires the Little Sisters of the Poor and other religious organizations to sign a form for the government that directs their insurance providers to offer the objectionable coverage through their health plan.

The Little Sisters and other plaintiffs say that since sending the government their objection is the action that prompts the coverage through their own health plans, they are forced to act as “gatekeepers” and “facilitate” the objectionable coverage. Furthermore, they argue the government is “hijacking” their health plan, which is an agreement between them and their insurer.

Failure to comply with the mandate would result in steep fines, which the Little Sisters say would be crippling to their ministry of caring for the elderly and dying poor.

This story is developing. Check back soon for updates.