Zubik v. Burwell

Several nonprofit organizations (the nonprofits) (plaintiffs) provided insurance coverage to their employees through insurance companies. Pursuant to federal regulations, the nonprofits were therefore required to provide contraceptive coverage to their employees but could opt out of providing such coverage by submitting an exemption form to the insurance companies or the government (defendant). The nonprofits separately filed suits, alleging that the exemption form requirement placed a substantial burden on the nonprofits’ right to free exercise in violation of the Religious Freedom Restoration Act. The cases were heard before the United States Courts of Appeals for the Third, Fifth, Tenth, and D.C. circuits, and they were consolidated in order for the United States Supreme Court to consider supplemental briefing on whether there was a feasible approach to providing the nonprofits’ employees contraceptive coverage that would not require the nonprofits to provide notice via exemption forms. The nonprofits confirmed that their right to free exercise would not be violated if they were not required to submit exemption forms but rather were allowed to simply contract with the insurance companies for plans that did not include contraception coverage while the insurance companies provided separate contraceptive coverage to the employees outside of the nonprofit-sponsored plans. The government confirmed that this approach could be amenable, because the government could still ensure that women would receive contraception coverage.