[caption id="attachment_18365" align="alignright" width="250"] Women religious and others demonstrate against the Affordable Care Act's contraceptive mandate March 23 near the steps of the U.S. Supreme Court in Washington. The court heard oral arguments in the Zubik v. Burwell mandate case. (CNS photo/Jaclyn Lippelmann, Catholic Standard) See SCOTUS-ZUBIK-BURWELL-RALLY March 24, 2016.[/caption]
WASHINGTON (CNS) - The U.S. Supreme Court May 16 sent the Zubik v. Burwell case, which challenges the Affordable Care Act's contraceptive requirement for employers, back to the lower courts.
The justices' unanimous decision, explained in a nine-page unsigned opinion, was based on the information that both sides submitted a week after oral arguments were heard in the case about how and if contraceptive insurance coverage could be obtained by employees through their insurance companies without directly involving religious employers who object to this coverage.
The court made clear that it is not expressing an opinion on the merits of the cases that are challenging aspects of the federal government's health legislation and it also was not ruling on the issue of a potential violation of religious freedom.
Because of the "gravity of the dispute and the substantial clarification and refinement in the positions of the parties," the court stated that religious employers and the government 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."
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