Sunday, September 22, 2013

Sixth Circuit Court of Appeals Unanimously Votes Against Autocam Corp. in Obamacare Case

There is another "Obamacare"-and-women's-health-care case going on right now in the Sixth Circuit. In that case, like the Hobby Lobby and Hercules cases in the Tenth Circuit, Autocam Corporation has sued the federal government claiming that The Affordance Health Care Act's new mandate that employers must cover women's health care services as part of their employer-sponsored health insurance plans infringes upon the *corporation's* religious freedom under the Religious Freedom Restoration Act (RFRA).

Under the RFRA, *persons* are entitled to worship a religion freely without undue interference by the government. Autocam apparently believes certain reproductive health care services for women (birth control, family planning, pills) are A SIN and against its religion. But one threshold question in all of these 70 or so cases recently filed in federal courts around the country has been: How on Earth is a *corporation* considered a *person* that could actually hold religious beliefs? Well, recently, the 10th Circuit, in the Hobby Lobby and Hercules cases, has answered that question in the affirmative.

UNLIKE the 10th Circuit, however, the 6th Circuit last week UNANIMOUSLY answered that question in the negative. So in the 10th Circuit now, corporations are people for purposes of religious freedom, but in the 6th Circuit, they are NOT. How interesting that two different appellate courts could reach such a different result on the same question around the same time. Here is a copy of the 6th Circuit's opinion:

Autocam Corp. v. United States - 6th Circuit Court of Appeals

More Info on the issue: A Second Federal Appeals Court Rules Against For-Profit in Fight Over Contraception Coverage - RH Reality Check

The 3rd Circuit has also recently sided with the 6th Circuit in holding that corporations are not people and they must provide insurance plans with birth control, and so far the 10th Circuit is officially alone. This is very likely going to be a question for the United States Supreme Court.