Written by Don Byrd
The Baptist Joint Committee responded to yesterday’s unexpected Supreme Court ruling in Zubik v. Burwell with a reminder that the Court did not rule on the merits of the case. The Court issued a surprising order requiring lower courts to give the government and the plaintiff religious organizations that object to the Obama Administration’s religious accommodation procedure time to work out their differences, in light of recent clarifications of their respective positions.
Not only did the Court decline to express any views regarding the issues in the case, the BJC’s Holly Hollman warned, the order vacating lower court opinions in favor of the government does not amount to a rejection of the holdings of those lower courts.
Here is an excerpt from the press release:
“Today’s decision does not resolve the controversy, nor will it necessarily change the results in the lower courts that previously ruled in favor of the government,” said Holly Hollman, general counsel of the Baptist Joint Committee. “It does, however, allow the parties to further refine their arguments about notice requirements and how employees will be covered.”
The BJC’s brief explained how, under RFRA, the far-reaching claims of the nonprofits can harm religious liberty.
“The government provided a process that allows objecting employers to avoid paying or contracting for contraceptives while ensuring that employees still would receive those benefits,” Hollman said. “Instead of ruling on whether this accommodation satisfies the Religious Freedom Restoration Act, the Court is directing the lower courts to reconsider the question in light of the parties’ supplemental arguments.”
Read more about the case and the BJC’s important brief at the BJC’s Zubik resource page.
