Oregon pro-lifers win abortion insurance mandate case, again

A federal appeals judge ruled on Tuesday that Oregon can’t require insurance companies to cover abortion and contraceptives. U.S. District Judge Mustafa T. Kasubhai sided with pro-life advocates on Tuesday, affirming that a state law did violate a pro-life group’s First Amendment right to the free exercise of religion. Kasubhai took issue with the law’s lack of neutrality while delivering a ruling from the bench. He requested that both sides submit briefs on the type of relief they’d like to see. The Tuesday ruling affirmed a previous appeal ruling from the Ninth Circuit Court.

Oregon’s 2017 Reproductive Health Equity Act required all employee health plans in the state to cover all FDA-approved drugs, products, or devices for birth control and abortions. The law provided exemptions for religious employers. But the state refused to approve an exemption for the pro-life advocacy group Oregon Right to Life, arguing that the group’s goal was pro-life advocacy and not religious ministry. The pro-life advocacy group sued the state in 2023. Their lawsuit alleged that the law violated their First Amendment right to the free exercise of religion by forcing them to fund a practice that countered their religious convictions.

National Right to Life President Carol Tobias praised the Oregon chapter on Thursday for defending the right to speech and conscience. This case marked an important step towards ensuring Americans aren’t forced to choose between their religious convictions and government mandates, she said.

How has the state responded? Oregon Attorney General Dan Rayfield released a Tuesday statement vowing to defend abortion and contraceptive insurance coverage after the ruling. The Tuesday ruling absolved only Oregon Right to Life from honoring the 2017 law, so the ruling’s impact appeared to be limited, Rayfield said. 

Dig deeper: Read my previous report on the Department of Health and Human Services’ investigation into states allegedly forcing insurance companies to cover abortions.