We have filed briefs opposing over a dozen contraception-related challenges brought by religious non-profit organizations.

Leading up to Zubik v. Burwell, nearly every Court of Appeals to consider the question rejected the non-profit organizations’ arguments and upheld the accommodation. In Zubik, however, the Supreme Court sent these cases back to the Courts of Appeals to consider additional accommodations. Unfortunately, no resolution has been reached. The religiously affiliated non-profits wanted to get rid of the contraception insurance mandate or get an exemption like houses of worship. The Obama administration refused to give in to these demands and protected access to birth control for employees at these organizations. The government asked for the public to comment on the alternatives, but, the contraception coverage rule itself may now be in danger from the Trump administration and Department of Health and Human Services Secretary Tom Price. In fact, President Trump's 2017 "religious freedom" executive order aims in part to attack women’s access to birth control, which is vital to women’s health and equality. The executive order starts the process to roll back the Affordable Care Act’s contraception coverage rules and let employers use religion as an excuse to refuse to cover birth control in their employees’ health insurance.

One of the cases sent back to the lower courts is University of Notre Dame v. Burwell. We represent two students in the challenge brought by the University of Notre Dame, and it is the only case in which women whose coverage is at risk are actual parties to the case. The Court of Appeals has twice rejected Notre Dame’s arguments— and now must consider the issue one more time. But as this case (and others like it) are re-litigated, these students, as well as countless other women, remain in legal limbo. Americans United will continue to fight for these women and their rights.


Zubik v. Burwell et al (United States Supreme Court)

The non-decision from the Supreme Court sending the case back to the Courts of Appeals (May 16, 2016)

Our brief to the United States Supreme Court (February 17, 2016)



Catholic Health Care System v. Burwell (U.S. Court of Appeals for the Second Circuit)

The decision from the Court of Appeals rejecting the religious organizations’ claims
(August 7, 2015)

Our brief to the Court of Appeals (June 3, 2014)


Little Sisters of the Poor v. Burwell (U.S. Court of Appeals for the Tenth Circuit)

The decision from the Court of Appeals rejecting Little Sisters of the Poor’s claims
(July 14, 2015)

Our brief to the Court of Appeals (April 3, 2014)

The interim order from the U.S. Supreme Court (January 24, 2014)


Wheaton College v. Burwell (U.S. Court of Appeals for the Seventh Circuit)

The decision from the Court of Appeals rejecting Wheaton College’s claims (July 1, 2015)

The interim order from U.S. Supreme Court (July 3, 2014)


East Baptist Texas University v. Burwell (U.S. Court of Appeals for the Fifth Circuit)

The decision from the Court of Appeals rejecting the religious organizations’ claims (June 22, 2015)

Our brief to the Court of Appeals (September 23, 2014)



Geneva College v. Burwell (U.S. Court of Appeals for the Third Circuit)

The interim order from the U.S. Supreme Court (June 29, 2015)

The decision from the Court of Appeals rejecting the religious organizations’ claims (February 11, 2015)

Our brief to the Court of Appeals (June 17, 2014)


Michigan Catholic Conference v. Burwell (U.S. Court of Appeals for the Sixth Circuit)

The decision from the Court of Appeals rejecting the religious organizations’ claims (June 11, 2014)

Our brief to the Court of Appeals (February 27, 2014)