University of Michigan Law School
Civil Rights Litigation Clearinghouse
Zubik v. Burwell
March 16, 2016
On March 23rd, 2016, the Supreme Court will hear this case about employers who don’t want birth control to be part of the health insurance they offer their employees. The case came together from seven challenges filed around the country by nonprofit religious employers. Officially known as Zubik v. Burwell, more people have probably heard about another one of the seven, Little Sisters of the Poor Home for the Aged v. Burwell. In a prior birth control challenge, Burwell v. Hobby Lobby, the Court decided in 2014 that the Religious Freedom Restoration Act (RFRA) barred the government from enforcing the birth control mandate against public companies owned by a small number of people who claimed sincere religious beliefs. In Zubik, the Court will decide whether the current regulatory fix, letting religious employers notify HHS instead of their health insurer about their objection to about their objection to birth control coverage for their employees, still violates the RFRA. Decision is expected by the end of June.

A Clearinghouse Special Collection brings together all the contraception mandate cases.

Relevant case(s) include: