Diocese of Fort Wayne-South Bend, Inc. v. Sebelius
988 F. Supp. 2d 958
N.D. Ind.2013Background
- Plaintiffs are Catholic religious entities challenging the contraception mandate under RFRA, the First Amendment, and the APA.
- The 2013 final rules added an accommodation for eligible nonprofit religious organizations, requiring self-certification to enable contraceptive coverage at no cost.
- The Diocese is exempt as a religious employer; other plaintiffs seek relief from the accommodation’s effects.
- Religious beliefs oppose contraception, abortion, sterilization, and related education; plaintiffs allege compliance via accommodation still burdens religious exercise.
- Non-exempt plaintiffs must decide by year-end 2013 whether to sign self-certification and allow third-party payment/arrangement of objectionable coverage, risking penalties if they do not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contraception mandate or accommodation substantially burdens religion under RFRA | Non-exempt plaintiffs have sincerely held beliefs; accommodation compels facilitation of objectionable services | Burden is de minimis and not substantial | Some likelihood of success on the merits; substantial burden shown |
| Whether the government’s interests justify the burden under strict scrutiny | Exemptions/accommodations are not narrowly tailored to significant interests | Interests in public health and equal access are compelling and served | Government failed to show least restrictive means; RFRA requires closer fit; injunction granted |
| Whether an injunction is warranted given irreparable harm and balance of equities | Without relief, plaintiffs face fines and disruption of religious missions | No irreparable harm to government; mandate serves public interests | Grant of preliminary injunction justified to preserve religious liberty pending merits |
Key Cases Cited
- Korte v. Sebelius, 735 F.3d 654 (7th Cir. 2013) (substantial burden and RFRA applying strict scrutiny framework; sincerity of belief a key factor)
- Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013) (RFRA substantial burden standard; coercion and sincerity of belief central)