Ruling: Nuns’ group must have abortion coverage

U.S. District Court Judge Wendy Beetlestone on Wednesday ruled that the Little Sisters of the Poor, an order of nuns, is not exempt from a federal mandate requiring employers to provide staff with access to contraceptives and abortion. Beetlestone sided with the states of Pennsylvania and New Jersey, whose lawsuit argued the federal government did not follow protocol when exempting groups from the requirement. In her ruling, the judge said the religious exemptions granted during the first Trump administration were arbitrary and capricious and did not adhere to the federal Administrative Procedure Act. The ruling this week applies nationwide, but the Catholic ministry plans to appeal the case, according to the Becket Fund, the organization representing the Sisters.

Who are the Little Sisters of the Poor? The international Roman Catholic order of nuns serves and cares for the elderly poor in over 30 countries. Jeanne Jugan founded the ministry in the 1800s in France, and Pope Pius XI recognized it as a Pontifical Institute in 1854. The congregation spread throughout Europe, and a group of nuns brought the ministry to the United States in 1868. They established 13 care homes during their first four years in the country.

What is the background of the case? The Affordable Care Act of 2010 included the requirement for private insurance plans to cover contraceptives. The mandate did not exempt healthcare plans offered by religious organizations. In 2016, the U.S. Supreme Court upheld new exemptions for Little Sisters and other nonprofit religious groups, according to Becket. The Trump administration subsequently issued new regulations expanding exemptions. Pennsylvania and other states in 2017 filed a lawsuit challenging the exemptions. The U.S. Supreme Court in 2020 upheld the federal exemption and sent the case back to an appellate court.

Dig deeper: Read Steve West’s report about the 2020 Supreme Court ruling in favor of Little Sisters.