Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania et al.

In Little Sisters of the Poor, the Supreme Court ruled that the Departments of Health and Human Services, Labor, and the Treasury had the authority to create exemptions from the Affordable Care Act’s contraceptive-coverage mandate for employers who object on religious or moral grounds. This mandate interfered with the ability of religious organizations to minister consistent with their religious beliefs about the sanctity of life without fear of unjust government interference. However, some states that opposed the religious and moral exemptions challenged the authority of the federal departments to grant them.

While this ruling was primarily about procedures and rule-making, the decision’s effect is greater freedom for religious organizations, provided the departments don’t revoke the exemptions in the future (which is possible depending on the preferred policies of the administration in charge). With this decision, Little Sisters of the Poor and ministries like it have finally been granted the victory they have been seeking for nearly a decade. Although the case is still ongoing, those like the Little Sisters of the Poor may now provide health insurance coverage to the people they employ without compromising their religious beliefs about the sanctity of life.

What protections against federal abortion-pill mandates exist for churches and ministries?

In its ruling, the Court affirmed government agencies’ authority to institute religious exemptions – and thus greater freedom – for religious organizations. These exemptions allow churches and ministries to refrain from covering objectionable, life-ending drugs, devices, and procedures in their employee health insurance plans.

The ruling also highlighted the Religious Freedom Restoration Act (RFRA), which provides protection to religious people across the country. The Court reminded us that RFRA applies and can be used as a defense. Importantly, RFRA was used as a defense in the landmark Hobby Lobby ruling, which affirmed religious individuals’ right to operate their closely-held businesses according to their sincerely held religious beliefs.

Beyond protections found within government agencies’ exemptions and RFRA, churches and ministries have additional protections under the First Amendment.

What questions still remain after the Little Sisters of the Poor decision?

Can states force churches and religious organizations to cover abortion in their healthcare plans even if the federal government exempts them?
Will religious employers be forced by states to cover puberty blockers, cross-sex hormones, and so-called sex reassignment surgeries in their healthcare plans?
If a new administration changes the federal guidelines, or if courts strike them down on different grounds, will ministries have to abide by a mandate to cover abortion-inducing devices and drugs in their employee healthcare plans?

What challenges are ahead for churches and ministries?

What can I do to better protect my church or ministry?

Do your church or ministry’s governing documents make clear your beliefs about the sanctity of human life?
Have your employees signed a statement affirming that they have read, agree with, and will abide by your church or ministry’s beliefs?

What if my church or ministry needs legal help?

Go to the legal intake form.
Fill out the form, and in the “Brief description of your legal situation” section, state that you are an ADF Church & Ministry Alliance member requesting a document review or consultation on a legal matter.
After you submit this form, an ADF attorney will contact you about your document review or legal matter.