The U.S. Supreme Court has sent a case on controversial contraception coverage back to the lower courts for a solution, based on an agreement between the federal government and the religiously-affiliated nonprofit organizations during oral arguments.
The Justices on Monday sent Zubik v. Burwell back to the U.S. Courts of Appeals without making a ruling on the merits of the case.
Nonprofit organizations such as Priests for Life, the Little Sisters of the Poor Home for the Aged and others had taken issue with federal regulations requiring them to cover certain contraceptives as part of their health plans. They could get an exception by submitting a form to either the insurer or to the federal government stating their objections on religious grounds, but the organizations said this burdened them in exercising their religion.
The organizations have objected to intrauterine devices and other forms of birth control they said were akin to abortion.
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The Justices suggested the organizations pursue a health plan that only includes the forms of contraception acceptable to them, while still having all forms of contraception available to the employee through the insurance company.
The groups said their religious exercise is not infringed where they need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception, according to the opinion.
Women covered by the organizations' health plans could still obtain, without cost, the full range of the FDA-approved contraceptives, the Justices said.
The organizations and federal government deemed this a feasible option.
"Given the gravity of the dispute and the substantial clarification and refinement in the positions of the parties, the parties on remand should be afforded an opportunity to arrive at an approach going forward that accommodates petitioners' religious exercise while at the same time ensuring that women covered by petitioners' health plans 'receive full and equal health coverage, including contraceptive coverage,'" the Justices wrote.
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The Supreme Court in the past has ruled against one part of the Affordable Care Act's birth control coverage, according to Politico.
Two years ago, the Justices ruled the same ACA contraception coverage requirement violated the religious beliefs of Hobby Lobby and other certain for-profit companies. The Justices ruled that owners of for-profit companies cannot be mandated to provide birth control in their insurance plans.
Twitter: @SusanJMorse