State of Alabama Joins Non-Profit Organization In Challenge To Contraceptive Mandate

Yesterday, EWTN, a non-profit Catholic radio and television network, filed suit challenging the Affordable Care Act contraceptive coverage mandate. Like a number of other religious non-profits, it had filed an earlier challenge that was dismissed on ripeness grounds (see prior posting), and now that the final rules applicable to non-profits have been issued is refiling.  It contends that the final rules still require it to become involved in finding a third party that will furnish contraceptive coverage to its employees.

The lawsuit also has a new element to it--  the State of Alabama (where EWTN is primarily located) has joined as plaintiff.  The complaint (full text) in Eternal Word Television Network, Inc. v. Sebelius, (SD AL, filed 10/28/2013) alleges that:

In November 2012, the people of Alabama voted to adopt an amendment to the Alabama Constitution to prohibit any person or employer, such as EWTN, from being compelled to participate in a health care system.... If lawful, the Mandate would displace Alabama’s regulatory choice and strike a new and different balance between the cost and availability of health insurance.

Becket Fund issued a press release announcing the filing of the lawsuit.