MONTGOMERY FOUNDATION ADDRESSES LITTLE SISTERS DECISION
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MONTGOMERY: The Foundation for Moral Law, an Alabama legal foundation dedicated to the strict interpretation of the Constitution according to the Framers’ intent and to religious liberty, hailed the U.S. Supreme Court’s Little Sisters of the Poor v. Burwell decision as an opportunity to work out a solution that protects the religious liberty of the Little Sisters and others similarly situated.
The Affordable Care Act (Obamacare) required certain employers to provide contraception and abortion coverage for their employees. Some organizations with religious objections were given the option of opting out in favor of a third-party provider, but the Little Sisters object that this still violates their convictions because their act of opting out triggered the alternate coverage. With the passing of Justice Scalia, many expected the Court to split 4-4 on this issue.
Monday’s per curiam 8-0 decision left the basic issues undecided, vacated lower court decisions, and remanded the case to the lower courts to determine whether a compromise is possible whereby alternate coverage could be provided in a way that did not violate the Little Sisters’ convictions.
Foundation President Kayla Moore said, “We are relieved that the Little Sisters will no longer be subjected to exorbitant fines for being true to their convictions. We hope a solution can be found, but we urge the Little Sisters to stand firm and not compromise their fundamental religious liberty.”
Foundation Senior Counsel John Eidsmoe noted that the Foundation had submitted an amicus brief in the case, and “we remain very interested in the outcome. But if the Little Sisters are successful, this will mean only that a small segment of the public is exempted from these onerous provisions. To protect all Americans from socialized medicine, the entire Affordable Care Act needs to be either repealed by Congress or invalidated by the Court.”