Case: Catholic Charities, Diocese of Fort Worth v. Sebelius

On May 21, 2012, the Catholic Diocese of Fort Worth filed a lawsuit in the Northern District of Texas against the Federal Government under the Religious Freedom Restoration Act (42 U.S.C. § 2000bb), the Administrative Procedure Act (5 U.S.C. § 706(2)), and the First Amendment. The Catholic Diocese represented several other religiously affiliated schools and organizations. The plaintiffs, represented by private counsel, sought to enjoin enforcement of provisions of the Affordable Care Act (ACA) extending universal contraception coverage in employer-sponsored private health insurance coverage. The plaintiffs contended that this mandatory contraception coverage violated their sincerely held religious beliefs.

On January 31, 2013, U.S. District Court (Judge Terry R. Means) denied the U.S. motion to dismiss for lack of ripeness. On August 22, 2013, the plaintiffs filed an amended complaint addressing the government's newly released accommodations for non-profit, religious organizations.

On October 9, one of the plaintiffs—The University of Dallas—filed a motion for preliminary injunction. On December 31, 2013, Judge Means granted the plaintiff's motion, adopting the analysis set out by Judge Rosenthal in her opinion in E. Texas Baptist Univ. v. Sebelius just three days prior. Both Judges agreed that the accommodation imposition on the plaintiffs to self-certify their religious objections to this requirement of the ACA met the substantial burden test. On February 24, 2014, the defendant filed an interlocutory appeal to the U.S. Court of Appeals for the 5th Circuit. (Case No. 14-10241)

The remaining plaintiffs—Catholic Charities, Diocese of Fort Worth, Inc., Our Lady of Victory Catholic School, and Roman Catholic Diocese of Fort Worth—filed a motion for preliminary injunction on April 18, 2014. Judge Means granted the preliminary injunction on June 5, 2014, enjoining the defendant from enforcing the ACA provision at issue in this case until further order from the court. The defendant filed an interlocutory appeal to the 5th Circuit U.S. Court of Appeals on June 9, 2014.

The plaintiffs Roman Catholic Diocese of Fort Worth and Our Lady of Victory Catholic School filed a motion for voluntary dismissal, and on September 30, 2014 Judge Means entered a final judgment dismissing the case without prejudice as to the two plaintiffs. Given the lead plaintiff’s dismissal from the case, the name of the plaintiff in the case was changed to “Catholic Charities, Diocese of Fort Worth, Inc.” at this time.

In addition to this case, there was also a case filed in the Eastern District of Texas and one filed in the Northern District of Texas, all alleging the same ACA violation. The 5th Circuit Court of Appeals consolidated the appeals of the claims in all three district courts into one appeal, under the case name, East Texas Baptist University v. Burwell. Judge Jerry E. Smith delivered the opinion on June 22, 2015. The Circuit Court’s decision reversed all of the District Courts’ decisions, including Judge Means' grant of the plaintiffs’ motion for a preliminary injunction, because the “plaintiffs have not shown and are not likely to show that the requirement substantially burdens their religious exercise under established law.” 793 F.3d 449.

The plaintiffs of this consolidated case filed a petition to the Supreme Court, which granted certiorari on May 17, 2016. The Supreme Court vacated the 5th Circuit Court of Appeals decision on the same day in the case University of Dallas v. Burwell. The Court remanded this consolidated case back to the 5th Circuit Court of Appeals in light of its recent remand in Zubik v. Burwell, which reached no decision on the merits of a similar case. 136 S.Ct. 2008.

On October 6, 2017, President Trump changed federal government's policy on the matter, removing the requirement that employers provide contraception coverage through health insurance plans. Shortly thereafter, the plaintiffs moved to voluntarily dismiss the case.

A final judgment was entered in accordance with the plaintiffs’ joint stipulation of dismissal on January 11, 2018. The case was dismissed with prejudice and is now closed.