Federal Appeals Court Sides with business owners Contraceptive Mandate Challenging

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Federal Appeals Court Sides with business owners Contraceptive Mandate Challenging -

stick woman The District of Columbia Circuit Court of Appeals issued a decision Friday to President Obama invalidate key requirement that health insurers pay for contraception. If "Gilardi v. US Department of Health & Human Services," the federal appeals court overturned a lower court decision stating that the owners of the company "Freshway Foods and Freshway Logistics" Sidney, Ohio, will should not be forced to provide contraception coverage to their employees.

This lawsuit refers to the provision of the affordable care Act requiring employers with 50 or more workers to provide health insurance and coverage for contraceptives and care related to pregnancy, or pay a fine. the law exempts places of worship from the requirement.

According to CNN reports, hand companies are ownership of two Catholic brothers who are opposed to access to birth control. with the recent decision, the trial can continue and for the moment the employer mandate will not be applied to Gilardi brothers.

A three-judge panel ruled 2-1, citing that to force the owners to pay for the coverage violates their first amendment rights, for the protection of their religion. Judge Janice Rogers Brown wrote for the court decision, "Requests for contraceptives because the owners really approve and endorse the inclusion of contraceptive coverage in plans provided by employers to their businesses, on whatever objections they might have. "

This is not the first trial in this manner. At least 75 separate lawsuits were filed in the Federal Court by the companies whose owners oppose the mandate for religious reasons, some decision in favor of the mandate and some striking down. In fact, three of these appeals are pending at the Supreme Court, but has not yet been examined. The Department of Health and Human Services could not comment on pending litigation.

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