Supreme Court Non-Decision Could Leave Many Women Without Secure Access To Birth Control, Says Americans United

The U.S. Supreme Court today took a pass on dealing with the important question of access to birth control, an action that could leave tens of thousands of women in limbo, says Americans United for Separation of Church and State.

In a brief order issued this morning, the high court vacated several cases before it dealing with employee access to birth control and sent them back to lower courts for more proceedings.

"The Supreme Court punted this case so hard it flew into next year," said Barry W. Lynn, executive director of Americans United. "That's a shame. Birth control is a vital component of women's health, and the result of today's action is that it's in limbo - once again."

The cases concern religious non-profit groups that want to block their employees and students from receiving birth-control coverage from third-party insurance companies, even though the religious groups don't have to pay for it or otherwise provide it. Under a compromise ironed out by the federal government, the non-profits can sign a short form indicating their objection to birth control. At that point, the federal government arranges for a third-party provider to offer it to women who want it. The non-profits insist that even filling out the form violates their rights.

A provision of the Affordable Care Act mandates that health-care plans include birth control access. Houses of worship are exempt from the requirement.

"No other medication, medical procedure or medical device has been subject to this level of scrutiny by the Supreme Court," Lynn said. "These never-ending legal challenges have given religious group far too much power over the medical and reproductive decisions of their students and staff. It's time to break that grip."