Securing our first, most sacred right.

Case Start Date: March 12, 2014

Deciding Court: U.S. District Court for the Western District of Oklahoma

CBA Role: Plaintiff

Case Summary: The Catholic Benefits Association, along with several CBA members, filed suit in the United States District Court for the Western District of Oklahoma, along with a motion for preliminary injunction seeking relief for all CBA members, their insurers, and their third party administrators from the Affordable Care Act’s contraceptive/abortifacient mandate.

Status: Permanent injunction and vacation of $6 billion in accumulated fines for all CBA members and future members, along with their respective group insurers, and third party administrators; HHS required to pay CBA’s legal fees; CBA passes HHS’ payment along to CBA members.

Case Start Date: July 1, 2014

Deciding Court: U.S. District Court for the Western District of Oklahoma

CBA Role: Plaintiff

Case Summary: When the U.S. District Court for the Western District of Oklahoma refused to provide injunction for those that joined the CBA after it won its first permanent injunction, the CBA filed a second lawsuit on July 1, 2014, seeking emergency injunctive relief for Catholic employers that joined the CBA after the Court’s June 4, 2014, preliminary injunction.  Later that day, the Court granted the Association’s motion, extending relief to the Association’s newest members “consistent with the Order issued on June 4, 2014.” The court’s temporary restraining order continued until the Court granted the CBA’s motion for preliminary injunction on December 29, 2014.

Status: Permanent injunction and vacation of $6 billion in accumulated fines for all CBA members and future members, along with their respective group insurers, and third party administrators; HHS required to pay CBA’s legal fees; CBA passes HHS’ payment along to CBA members.

Case start date: December 28, 2016

Deciding court: U.S. District Court District Of North Dakota (Eastern Division)

CBA role: Plaintiff

Defendants: HHS, EEOC and their respective administrators

Case Summary: The Catholic Benefits Association and  its members, the the Diocese of Fargo, Catholic Charities North Dakota, and Catholic Medical Association, filed suit challenging federal rules derived from the anti-discrimination provision (Section 1557) in the Affordable Care Act that:  (a) requires hospitals, physicians, and other healthcare providers to perform or refer for gender transition procedures; (b) requires healthcare providers to alter their speech, medical advice, and policies to affirm gender transition procedures; (c) requires covered employers, insurance providers, and third party administrators to provide employee benefits covering gender transition procedures; (d) requires sex-specific healthcare facilities or programs, including shower facilities or hospital wards, to be open to individuals based on gender identity.  The CBA also sued the EEOC based on its interpretation of Title VII requiring employers with fifteen or more employers to cover similar gender transition services in their health plans.

Status: On November 19, 2021, the United States District Court for the District of North Dakota (Eastern Division) declared that the HHS and EEOC gender transition services coverage and performance mandates, as applied against CBA members and future members, violated the Religious Freedom Restoration Act.  It then entered an injunction permanently restraining HHS from “from interpreting or enforcing Section 1557 [of the Affordable Care Act] or any implementing regulations thereto against [any CBA members or future members or their respective insurers and third party administrators] in a manner that would require them to perform or provide insurance coverage for gender-transition procedures … because of their failure to perform or provide insurance coverage for such procedures or by otherwise pursuing, charging, or assessing any penalties, fines, assessments, investigations, or other enforcement actions.”  Religious Sisters of Mercy v. Azar, 513 F.Supp.3d 1113, 1153-54 (D. N.D. 2021).  It also entered a similar injunction against the EEOC that permanently restrained it from “from interpreting or enforcing Title VII … or any implementing regulations thereto … in a manner that would require [it] to provide insurance coverage for gender-transition procedure[s].”

On December 9, 2022, the United States Court of Appeals for the Eighth Circuit affirmed the District Court’s decision with regard to the CBA and the other named plaintiffs.  It then ordered dismissal “without prejudice” of the CBA’s complaint with regard to its unnamed members.  See Religious Sisters of Mercy v. Becerrra, 55 F.4th 583 (8th Cir. 2022).  The District Court subsequently amended its judgment and the scope of its injunction to comply with the Eighth Circuit decision.  “Without prejudice” meant that the CBA could refile its claims with regard to its unnamed members which it did in Lawsuit #4 four days later.

Case start date: October 13, 2023

Deciding court: U.S. District Court District Of North Dakota (Eastern Division)

CBA role: Plaintiff

Defendants: HHS, EEOC and their respective administrators

Case Summary: Lawsuit #4 is quite similar to Lawsuit #3 except that it is focused on acquiring relief under the doctrine of associational standing for its unnamed members in addition to the other named plaintiffs:  The Sisters of St. Francis of the Immaculate Heart of Mary, St. Anne’s Guest Home, and St. Gerard’s Community of Care. 

Status:  On November 23, 2023, the CBA filed a motion for temporary restraining order and preliminary injunction.  The Court has not yet ruled on this motion.

• For profit employers who don’t qualify for the church exemption
• Female beneficiaries: 200
• Noncompliance start date: 09/14/15
• Noncompliance end date: 12/31/19
• Tax per beneficiary per day: $100
• Total tax per day: $20,000
• Total days of noncompliance: 1,569
• Total tax: $31,380,000