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Court: State cannot sue over religious exemption expansion


 


“The [rules] jeopardize the health care of women in Massachusetts and nationwide, promote the religious freedom of corporations over the autonomy and health of women, and leave the states to bear additional health care costs both with regard to contraceptive and prenatal care as well as other services associated with unintended pregnancies and related negative health outcomes for both women and their children,” the lawsuit stated.

In his March 12 opinion however, U.S. District Judge Nathaniel M. Gorton dismissed the state’s claims, ruling that Massachusetts failed to prove its citizens will suffer future injury from the exemption expansion. The judge noted a 2017 law passed by Massachusetts called the ACCESS Act that requires certain employer-sponsored health plans to cover contraceptives without imposing out-of-pocket costs on employees. This law and other state regulations make Massachusetts less likely than women in other states to be affected negatively by the expanded exemption, said Judge Gorton, who was appointed to the bench by President George H.W. Bush.

In a statement, Ms. Healey said the state was disappointed in the decision, but remained steadfast in its commitment to “ensuring affordable and reliable reproductive health care for women.”

“Access to contraceptive coverage is a critical issue for the health, equality, and economic well-being of women and their families, and we will continue to fight for these protections.” Ms. Healey said.

Maura Healy

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