In Religious Sisters of Mercy v. Becerra, (8th Cir., Dec. 9, 2022), the U.S. 8th Circuit Court of Appeals affirmed a district court decision that enjoined the federal government from requiring various Catholic health care organizations to perform or provide insurance coverage for gender transition procedures. The district court concluded that plaintiffs' rights under the Religious Freedom Restoration Act were violated by the requirements imposed by the government's interpretation of the Affordable Care Act and Title VII. On appeal, the government raised only jurisdictional challenges-- standing, ripeness and lack of irreparable harm. The 8th Circuit rejected the government's challenges, except as to standing of one organizational plaintiff.
