Recently, the U.S. Court of Appeals for the Tenth Circuit held that an employer that does not qualify as a “religious group” under the Religious Freedom Restoration Act (RFRA) may challenge the Affordable Care Act’s (ACA) mandate to provide coverage for contraception for its employees. Formerly the RFRA exemption to the ACA mandate applied to religious groups, but not to business owners with particular religious beliefs.
The Court acknowledged that the plaintiff employer had been substantially burdened by the mandate and suffered irreparable harm, but did not grant the employer’s request for a preliminary injunction. The case was remanded to the district court; the district court will weigh the public’s interest in enforcing the mandate against the employer’s rights to refuse contraception coverage. Read more here.