Religious Nonprofits Not Losing Faith After Latest Failed Obamacare Birth Control Mandate Appeal

Religious nonprofits hoping to force yet another Obamacare showdown before the Supreme Court haven’t chalked up the appellate win they need to put the issue on a glide path to the justices, but they aren’t losing faith, saying it’s only a matter of time before their legal campaign pays off.

For a second time, the U.S. Court of Appeals for the Seventh Circuit this week spurned a faith-based college’s attempt to duck the mandate requiring employers to insure 20 types of birth control as part of their company plans, saying religious nonprofits need only to notify an insurer or third-party administrator — or the government itself — that it doesn’t want any part in the coverage.

“This is hardly a burdensome requirement; nor does it leave the provider — the opt out — with any residual involvement in the coverage of drugs or devices of which it sincerely disapproves on religious grounds,” Circuit Judge Richard Posner, a Reagan appointee, wrote in an opinion denying a preliminary injunction to Wheaton College, a Christian school in Illinois that objects to covering morning-after pills, which they equate with abortion, and intrauterine devices (IUDs).