Legal battles over 'contraceptive equity'

In their lawsuit, which was brought a year ago, Catholic Charities and eight other groups, including two Baptist organizations, contend that the WHWA violates their state and federal constitutional right to free exercise of religion. They argue that according to the tenets of their faith, the use of contraception is a sin; by requiring Catholic entities to pay for contraceptive coverage, the WHWA requires them to endorse a practice they belief is sinful.

"The church teaches us that contraception is sinful, yet the state is forcing us to provide it directly to our employees," says Dennis Poust, a spokesman for the New York State Catholic Conference in Albany. "That's a clear violation of our religious faith."

But on Monday, a judge dismissed the case, noting that the WHWA does exempt churches and their direct employees, but not external arms of the church that aren't directly involved in religious activities. In other words, religiously affiliated social services, like Catholic Charities, are "public actors" because they serve the public at large, rely on public funding, and employ people of diverse religions who may not share the church's teachings on contraception. Therefore, the court concluded, they must comply with state laws.

Women's groups that have fought in favor of the law see the ruling as a victory for women's health. They contend that contraceptives are part of basic healthcare for women because they allow for thoughtful family planning and reduce the incidence of abortion. They also note that the legislation says that "contraceptives also have beneficial ancillary effects, such as reducing the risk of ovarian and uterine cancer."

For these advocates, the law closes an insurance gap and ends a discriminatory practice against women. "These groups should not be able to opt out of the laws against sex discrimination," says Judy Applebaum at the National Women's Law Center in Washington. "They're entitled to press the constitutional issue, but I don't think they have a case."

But the Catholic Church's Mr. Poust is confident that they do have a case, and they intend to press it. "This is far from over. We'll fight it as far as we have to," he says. "There are important constitutional questions here. It's not about contraception, per se, but any time the state steps in to infringe on religious faith and practice, it creates a dangerous situation for the country."

California's highest court heard similar arguments in an appeal this week. A ruling is expected within 90 days.

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