Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (2013) 121 Fair Empl.Prac.Cas. (BNA) 12, 2013-2 USTC P 50,436... National Catholic Bioethics Center; Physicians for Life; National Association of Pro Life Nurses; KeyCite Yellow Flag - Negative Treatment Disagreed With by Michigan Catholic Conference v. Sebelius, United States Justice Foundation; Congressman W.D.Mich., December 27, 2013 Frank Wolf; State of Oklahoma; Wywatch Family 723 F.3d 1114 Action, Inc.; The C12 Group; Physicians for United States Court of Appeals, Reproductive Health; The American College of Tenth Circuit. Obstetricians and Gynecologists; The American Society for Emergency Contraception; Association HOBBY LOBBY STORES, INC.; Mardel, Inc.; of Reproductive Health Professionals; American David Green; Barbara Green; Mart Green; Society for Reproductive Medicine; Society for Steve Green; Darsee Lett, Plaintiffs–Appellants, Adolescent Health and Medicine; American Medical v. Women's Association; National Association of Nurse Kathleen SEBELIUS, in her official capacity Practitioners in Women's Health; James Trussell; as Secretary of the United States Department Susan F. Wood; Don Downing; Kathleen Besinque; of Health and Human Services; United States Americans United for Separation of Church Department of Health and Human Services; Hilda and State; Union for Reform Judaism; Central Solis, Secretary of the United States Department Conference of American Rabbis; Women of Reform of Labor; United States Department of Labor; Judaism; Hindu American Foundation; National Timothy Geithner, Secretary of the United Women's Law Center; American Association States Department of Treasury; United States of University Women; American Federation of Department of the Treasury, Defendants–Appellees. State, County and Municipal Employees (Afscme); Emeritus Professor of Law Charles E. Rice; Black Women's Health Imperative; Boulder Now; Professor of Law Bradley P. Jacob; Texas Center Colorado Organization for Latina Opportunity for Defense of Life; National Legal Foundation; and Reproductive Rights (Color); Gender Impacts Liberty, Life and Law Foundation; American Center Policy, a project of the Center of Southwest Culture; for Law and Justice; Breast Cancer Prevention Ibis Reproductive Health; Law Students for Institute; Bioethics Defense Fund; Life Legal Reproductive Justice; Mergerwatch; Naral Pro– Defense Foundation; The Right Reverend W. Choice America; Naral Pro–Choice Colorado; Naral Thomas Frerking, Osb; Missouri Roundtable Pro–Choice Wyoming; National Organization for Life; Archdiocese of Oklahoma City; Eagle for Women Foundation; National Organization forum; Sanford C. Coats; Senator Daniel Coats; for Women–Santa Fe Chapter (Santa Fe Now); Senator Thad Cochran; Senator Mike Crapo; National Partnership for Women and Families; Senator Charles Grassley; Senator Orrin G. Hatch, New Mexico–National Organization for Women Senator; Senator James M. Inhofe; Senator (Nmnow); Planned Parenthood of Arkansas & Mitch McConnell; Senator Pat Roberts; Senator Eastern Oklahoma, Inc., d/b/a Planned Parenthood Richard Shelby; Congressman Lamar Smith; of Heartland–Oklahoma; Planned Parenthood Association of Gospel Rescue Missions; Prison Association of Utah; Planned Parenthood of Kansas Fellowship Ministries; Association of Christian & Mid–Missouri; Planned Parenthood of the Rocky Schools International; National Association of Mountains, Inc.; Population Connection; Raising Evangelicals; Ethics & Religious Liberty Commission Women's Voices For The Health Care We Need; of the Southern Baptist Convention; Institutional Service Employees International Union; Southwest Religious Freedom Alliance; Christian Legal Women's Law Center; Utah Health Policy Project; Society; Association of American Physicians Center for Reproductive Rights; American Public & Surgeons; American Association of Pro– Health Association; Guttmacher Institute; National Life Obstetricians and Gynecologists; Christian Family Planning & Reproductive Health Association; Medical Association; Catholic Medical Association; © 2017 Thomson Reuters. No claim to original U.S. Government Works. 1 Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (2013) 121 Fair Empl.Prac.Cas. (BNA) 12, 2013-2 USTC P 50,436... National Latina Institute for Reproductive Health; National Women's Health Network; R. Alta Charo, [2] Anti-Injunction Act (AIA) did not apply to bar action; Professor; Reproductive Health Technologies [3] corporations were “persons,” within the meaning of the Project; American Civil Liberties Union; American Religious Freedom Restoration Act (RFRA); Civil Liberties Union of Oklahoma; Anti– Defamation League; Catholics for Choice; Hadassah, [4] corporations had protected rights under the Free the Women's Zionist Organization of America, Inc.; Exercise Clause; Interfaith Alliance Foundation; National Coalition of American Nuns; National Council of Jewish Women; [5] corporations showed substantial likelihood of success Religious Coalition for Reproductive Choice; on the merits, as to substantial-burden element of RFRA Unitarian Universalist Association; Unitarian claim; Universalist Women's Federation; National Health Law Program; Mexican American Legal Defense [6] government's claimed interests in public health and and Educational Fund, Inc.; Asian Pacific American gender equality did not constitute compelling interests, as would preclude consideration of individualized exceptions Legal Center; Forward Together; National Hispanic to regulation; Medical Association; Ipas; Sexuality Information and Educational Council of the U.S.; Campaign [7] corporations satisfied irreparable injury prong of test to End Aids; Hiv Law Project; National Women for preliminary injunctive; and And Aids Collective; Housing Works, Amici Curiae. [8] remand was required for consideration of remaining No. 12–6294. preliminary injunction factors. | June 27, 2013. Reversed and remanded. Synopsis Background: Privately held, for-profit secular Hartz, Circuit Judge, filed concurring opinion. corporations, and individuals who owned or controlled the corporations, brought action against Secretary Gorsuch, Joined By Kelly And Tymkovich, Circuit of Health and Human Services (HHS) and other Judges, filed concurring opinion. government officials and agencies, seeking declaratory and injunctive relief regarding regulations issued under Bacharach, J., filed concurring opinion. Patient Protection and Affordable Care Act (ACA), based on allegations that the preventive services coverage Briscoe, Chief Judge, filed opinion concurring in part and mandate for employers violated constitutional and dissenting in part, joined by Lucero, Circuit Judge. statutory protections of religious freedom by forcing them to provide health insurance coverage for abortion- Matheson, J., filed opinion concurring in part and inducing drugs and devices, as well as related education dissenting in part. and counseling. Plaintiffs filed motion for preliminary injunction. The United States District Court for the Western District of Oklahoma, Joe Heaton, J., 870 F.Supp.2d 1278,denied motion. Plaintiffs appealed. West Headnotes (30) [1] Civil Rights Holdings: The en banc Court of Appeals, Tymkovich, Particular cases and contexts Circuit Judge, held that: A plaintiff makes a prima facie case under Religious Freedom Restoration Act (RFRA) [1] corporations had Article III standing to challenge by showing that the government substantially regulations; © 2017 Thomson Reuters. No claim to original U.S. Government Works. 2 Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (2013) 121 Fair Empl.Prac.Cas. (BNA) 12, 2013-2 USTC P 50,436... burdens a sincere religious exercise; the particularized, and actual or imminent; (2) burden then shifts to the government to show fairly traceable to the challenged action; and that the compelling interest test is satisfied (3) redressable by a favorable ruling. U.S.C.A. through application of the challenged law to Const. Art. 3, § 2, cl. 1. the claimant whose sincere exercise of religion is being substantially burdened. Religious 7 Cases that cite this headnote Freedom Restoration Act of 1993, § 3(b), 42 U.S.C.A. § 2000bb–1(b). [5] Civil Rights Employment practices 29 Cases that cite this headnote Constitutional Law Abortion and birth control [2] Civil Rights Constitutional Law Presumptions, Inferences, and Burdens of Labor and Employment Proof Insurance Burden-shifting approach applied in actions Federal Agencies and Regulation under Religious Freedom Restoration Act (RFRA) applies even at the Labor and Employment preliminary injunction stage. Religious Parties in general; standing Freedom Restoration Act of 1993, § 3(b), 42 Privately held, for-profit secular corporations U.S.C.A. § 2000bb–1(b). had Article III standing to challenge regulations issued under Patient Protection Cases that cite this headnote and Affordable Care Act (ACA), based on allegations that the preventive services [3] Federal Civil Procedure coverage mandated for employers violated In general; injury or interest constitutional and statutory protections of religious freedom by forcing them to provide Federal Courts health insurance coverage for abortion- Case or Controversy Requirement inducing drugs and devices; corporations Federal Courts faced an imminent loss of money, traceable Sua sponte determination to the contraceptive-coverage requirement, A party that cannot present a case or and would receive redress if a court controversy within the meaning of Article held the contraceptive-coverage