The next Hobby Lobby just got a little closer to reality, as the University of Notre Dame asked the nation's highest court to intervene in its case against the Obama administration over the coverage -- or non-coverage -- of contraception. The case represents the next front in the battle over contraceptive insurance coverage.
All insurance plans have to cover contraception under the Affordable Care Act, except for, as of the Supreme Court decision in Burwell v. Hobby Lobby, for-profit companies with religious objections. Houses of worship are already exempt. As a religiously-affiliated non-profit that employs and enrolls people of all faiths, Notre Dame falls into another category entirely. The administration asked religiously-affiliated nonprofits that object to contraception to either fill out a form or write a letter, after which their insurer will cover the contraception directly. Notre Dame, along with plaintiffs in over 50 other lawsuits, says that a letter or form is still a "substantial burden," violating their rights under the Religious Freedom Restoration Act.
"What may seem like an 'administrative' burden to a court may mean much more to a believer," Notre Dame's attorneys wrote.