Barkey Anti-Defamation League 605 Third Avenue New York, NY 10158 Counsel for Amici Curiae Americans United for Separation of Church and State Anti-Defamation League Central Conference of American Rabbis 4 Hadassah, The Women’s Zionist Organization of America, Inc. Lam Americans United for Separation of Church and State 1901 L Street, NW Suite 400 Washington, DC 20036 Seth M. Salzman (Argued) United States Department of Justice Civil Division 950 Pennsylvania Avenue, NW Washington, DC 20530 3 Counsel for Appellees Secretary Department of Health and Human Services Secretary United States Department of Labor Secretary United States Department of the Treasury United States Department of Health and Human Services United States Department of Labor United States Department of Treasury Richard B. 90th Street Scottsdale, AZ 85260 Randy Wenger Independence Law Center 23 North Front Street Harrisburg, PA 17101 Counsel for Appellants Real Alternatives, Inc. Graves 2 Alliance Defending Freedom 15100 N. Cortman Alliance Defending Freedom 440 First Street, NW Suite 600 Washington, DC 20001 Counsel for Appellants Real Alternatives, Inc. Jones, III _ Argued NovemBefore: JORDAN, GREENAWAY, JR., and RENDELL, Circuit Judges (Opinion Filed: August 4, 2017) Matthew S. SECRETARY DEPARTMENT OF HEALTH AND HUMAN SERVICES SECRETARY UNITED STATES DEPARTMENT OF LABOR SECRETARY UNITED STATES DEPARTMENT OF THE TREASURY UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNITED STATES DEPARTMENT OF LABOR UNITED STATES DEPARTMENT OF TREASURY _ On Appeal from the United States District Court for the Middle District of Pennsylvania (District Court No.: 1:15-cv-00105) District Judge: Honorable John E. PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. The Contraceptive Mandate does not exempt a secular anti-abortion group with no religious affiliation and an employee’s religious beliefs are not substantially burdened by the law’s requirement that his employer’s insurance plan cover contraceptives. The Third Circuit affirmed rejection of those claims.

300a–7(d), and that maintaining a health insurance plan that covers contraceptives through their employer violates their religious rights under the Religious Freedom Restoration Act, 42 U.S.C. Employees of the group argued that the Contraceptive Mandate violated the Church Amendment, 42 U.S.C. An anti-abortion group argued that, under the Equal Protection Clause, if a religious organization may be exempted from the Contraceptive Mandate, then non-religious entities with an identical stance on contraceptives must also be exempted.

Religious non-profit and for-profit employers may receive an accommodation whereby they opt out of providing contraceptive coverage, with the government then arranging for their employees to receive the coverage through third parties at no cost to, and with no participation of, the objecting employers. The “Contraceptive Mandate” includes a limited exemption for houses of worship and their integrated auxiliaries. 119, requires employer-provided health insurance plans to cover various preventative services, including FDA-approved contraceptives, at no cost to participating employees.

The 2010 Patient Protection and Affordable Care Act, 124 Stat.

Federal register 2017 418.103d