American Civil Liberties Union of Massachusetts v. Sebelius
United States District Court for the District of Massachusetts
821 F. Supp. 2d 474 (2012)
- Written by Elizabeth Yingling, JD
Facts
The Trafficking Victims Protection Act of 2000 (TVPA) granted the federal government authority to provide benefits and services to victims of human trafficking. The TVPA authorized the provision of abortion and contraception services. The government solicited applications for a general subcontractor to oversee the TVPA funds. The United States Conference of Catholic Bishops (USCCB) submitted an application and disclosed that, due to religious beliefs, the USCCB would not provide abortion or contraception services to any of the trafficking victims. The government ultimately contracted with the USCCB. The contract excluded abortion and contraception services. That exclusionary language was also contained in contracts between the USCCB and its subcontractors. The American Civil Liberties Union of Massachusetts (ACLU) (plaintiff), on behalf of taxpayer members, sued government entities (defendants) alleging that the contract with USCCB violated the Establishment Clause of the First Amendment. Specifically, the ACLU argued that the USCCB contract was an endorsement of the USCCB’s religious beliefs. The government entities countered that the contract merely accommodated the USCCB’s religious beliefs and that the subcontractors could use their own funding to provide abortion and contraception services. The ACLU also argued that, in violation of the Establishment Clause, the USCCB was improperly delegated the discretion to deny services based on religious beliefs. The government entities argued that the decision to contract with the USCCB was not religiously motivated but was instead made using neutral and customary practices. The district court held that the USCCB’s contractual refusal to provide abortion and contraception services violated the Establishment Clause.
Rule of Law
Issue
Holding and Reasoning (Stearns, J.)
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