Last week, the Supreme Court heard oral arguments in Sebelius v. Hobby Lobby Inc., the closely watched case in which the Oklahoma-based craft store chain has challenged the Affordable Care Act’s contraceptive mandate, requiring insurance policies to cover birth control without a copay. Hobby Lobby’s high-profile case may have nabbed most of the headlines so far, but it’s far from the only company that’s taking on the Obama administration over the mandate.
Since February 2012, 71 other for-profit companies have challenged the ACA’s contraceptive mandate in court, according to the National Women’s Law Center (NWLC). The majority of these for-profit cases (46 in addition to Hobby Lobby’s) are still pending. Jump to the full list of cases by clicking here.
The plaintiffs maintain that the federal government, by requiring contraceptive coverage under the ACA, is infringing on their religious views. Like Hobby Lobby, many of these companies had already covered birth control under their insurance plans, but they oppose the ACA’s rules requiring health plans to cover contraceptives including the drug Plan B, which they argue causes abortions. The Thomas More Law Center, a law firm “dedicated to the defense and promotion of the religious freedom of Christians,” has filed 11 cases on behalf of 33 plaintiffs against the ACA contraceptive mandate. The Religious Freedom and Restoration Act, the center asserts in an amicus brief supporting Hobby Lobby, protects employers fighting the mandate “from being forced, under threat of ruinous government fines, to fund products and services that violate their sincerely held religious beliefs.”
"Forced" is not quite accurate, though, as my colleague Stephanie Mencimer reported last week. An employer doesn’t have to provide health insurance to its employees at all; in fact, it’s probably cheaper for a company to instead pay the tax that would help subsidize its employees’ coverage obtained through the exchanges or Medicaid.
A Supreme Court ruling in Hobby Lobby’s favor could have a far-reaching impact, potentially dismantling corporate laws that have long shielded CEOs and board members from lawsuits or paving the way for companies to claim religious exemptions from other federal regulations, as we reported last week. But a pro-Hobby Lobby verdict would most immediately affect the more than 22,000 people employed by the companies who brought these lawsuits, says Gretchen Borchelt, senior counsel and director of state reproductive health policy at the NWLC, which has been tracking the cases. The outcome of many of these cases, she says, may hinge on the Supreme Court’s Hobby Lobby ruling.
So who are some of these other companies fighting the Obama administration over the ACA contraceptive mandate?
In Michigan, there’s Trijicon, a military contractor specializing in optics equipment for weapons. The company last made headlines in 2010, when it came under fire for stamping references to Bible verses on its combat rifle sights. According to data provided to Mother Jones by the Department of Defense, Trijicon currently holds at least $8.9 million in active contracts with the US military.
In its August 2013 lawsuit, Trijicon claims that the company “and its shareholders have a deeply held religious belief that life begins at conception/fertilization.” The company’s website states: “We believe that America is great when its people are good. This goodness has been based on biblical standards throughout our history and we will strive to follow those morals.” Depending on where the Supreme Court lands on Hobby Lobby, that belief could mean no more birth control coverage for the company’s 257 employees, 212 of whom are currently enrolled in the company’s insurance plan. Trijicon did not respond to interview requests or emailed questions.
In West Virginia, Joe Holland, a born-again Christian who owns a local car dealership, is taking on the contraceptive mandate in court even while publicly touting his company’s support for women. Joe Holland Chevrolet, which filed suit against the Obama administration in June 2013, is closed on Sundays; on Monday mornings, Holland conducts an informal prayer session that’s open to his 150 employees. Holland is proud to have women filling positions throughout his dealership, all the way up to the management level. “When we think of women in the automotive industry, most of us see a receptionist or someone behind the desk doing paper work and other behind the scene tasks,” says a company webpage created in 2011. “Not at Joe Holland Chevrolet & Imports of South Charleston, WV…At Joe Holland we understand the need for women to feel they are receiving trustworthy information and advice when it comes to service on their vehicle or the purchase of a vehicle.”
Ohio-based companies Freshway Foods and Freshway Logistics, a produce processor and distributor run by brothers Philip and Frank Gilardi Jr., are also taking on Obamacare over the contraception mandate. “[A]s the two owners with controlling interests in the two corporations,” the Gilardis, who are Catholic, argue in their legal complaint, “they conduct their businesses in a manner that does not violate their sincerely-held religious beliefs or moral values, and they wish to continue to do so.”
Some Freshway workers might beg to differ. In 2011, former Freshway employee Lilia Trujillo-Salas sued the company for sexual harassment, after allegedly enduring multiple incidents of “unwelcome sexual comments, sexual innuendo, and physical contact,” according to court documents. Trujillo-Salas complained to her supervisors and asked to transfer jobs after a male coworker allegedly held her in a storage room and told her she wouldn’t be released until she kissed him. Another time, a coworker allegedly propositioned her for sex. Eventually, Trujillo-Salas was suspended then fired after injuring herself at work. Freshway denied the sexual-assault allegations but settled the case with an undisclosed payout.
One company NWLC’s Borchelt was particularly surprised to see on the list is Eden Foods, the Michigan-based organic food company, which she says has an “outstanding record of social and environmental responsibility.”
The company filed suit against the Obama administration in early 2013, eventually losing its case at the 6th Circuit Court of Appeals. Eden Foods did not respond to interview requests, but when Salon reporter Irin Carmon interviewedthe company’s CEO, Michael Potter, about the case last April, he argued:
"I don’t care if the federal government is telling me to buy my employees Jack Daniel’s or birth control. What gives them the right to tell me that I have to do that?…I’m not trying to get birth control out of Rite Aid or Wal-Mart, but don’t tell me I gotta pay for it."
This interview, the 6th Circuit’s Judge Martha Craig Daughtrey later wrote in her opinion on the case, showed that Potter’s “deeply held religious beliefs more resembled a laissez-faire, anti-government screed.”
Even after a string of bad press and considerable customer backlash, Potter defended the lawsuit: “We believe in a woman’s right to decide, and have access to, all aspects of their health care and reproductive management. This lawsuit does not block, or intend to block, anyone’s access to health care or reproductive management. This lawsuit is about protecting religious freedom and stopping the government from forcing citizens to violate their conscience. We object to the HHS mandate and its government overreach.”
Borchelt doesn’t see it that way. “These companies are not hiring based on the religious beliefs of the workers. Imagine being someone applying for a warehouse position at an organic food company. Why would you ever think, ‘Oh, I need to research this owner’s religious beliefs to know whether or not I’m going to get access to birth control insurance’?”
Below is a full list of the pending cases, as tracked by the NWLC. Watch this space for periodic updates. Look up individual court documents at the American Civil Liberties Union’s website.
Geneva College v. Sebelius
FILED ON: 2/21/2012
ABOUT THE PLAINTIFF: The Pennsylvania-based for-profit plaintiffs are Seneca Hardwood, a lumber business, and WLH Enterprises, a sawmill. Geneva College is a Pennsylvania-based non-profit.
O’Brien v. Sebelius
FILED ON: 3/15/2012
ABOUT THE PLAINTIFF: O’Brien Industrial Holding is a Missouri company engaged in the exploration, mining, processing, manufacturing, and distribution of refractory and ceramic raw materials.
Newland v. Sebelius
FILED ON: 4/30/2012
ABOUT THE PLAINTIFF: Hercules Industries Inc. is a Colorado corporation that manufactures heating, ventilation, and air conditioning products, owned by the Newlands and another plaintiff.
Weingartz Supply Company v. Sebelius (also known as Legatus v. Sebelius)
FILED ON: 5/7/2012
ABOUT THE PLAINTIFF: Weingartz Supply Company is a secular Michigan company that sells outdoor power equipment. Legatus is a nonprofit organization comprising more than 4,000 members including individuals and professional organizations.
Triune Health Group v. Sebelius (also known as Yep v. Sebelius)
FILED ON: 8/22/2012
ABOUT THE PLAINTIFF: Triune is a secular Illinois corporation that specializes in facilitating the reentry of injured workers into the workforce.
Hobby Lobby Stores Inc., et al. v. Sebelius
FILED ON: 9/12/2012
ABOUT THE PLAINTIFF: Hobby Lobby is a national craft supply chain with headquarters in Oklahoma. Mardel (another plaintiff) is a privately held bookstore and education company specializing in Christian books and religious texts.
Tonn and Blank Construction v. Sebelius
FILED ON: 9/20/2012
ABOUT THE PLAINTIFF: Tonn and Black Construction, LLC, is an Indiana construction company.
Tyndale House v. Sebelius
FILED ON: 10/2/2012
ABOUT THE PLAINTIFF: Tyndale is an Illinois for-profit publishing company focusing on Christian books.
Autocam Corporation et al. v. Sebelius
FILED ON: 10/8/2012
ABOUT THE PLAINTIFF: Autocam Automotive makes parts for transportation while Autocam Medical makes medical equipment. These are western Michigan-based manufacturing companies that operate across the United States.
Korte & Luitjohan Contractors v. United States Department of Health and Human Services
FILED ON: 10/9/2012
ABOUT THE PLAINTIFF: Korte & Luitjohan Contractors Inc., is an Illinois-based full-service construction contractor.
American Pulverizer Co. v. Sebelius
FILED ON: 10/19/2012
ABOUT THE PLAINTIFF: Springfield Iron and Metal, LLC, American Pulverizer Company, Hustler Conveyor Company, and City Welding are four Missouri-based companies involved in the business of wholesale scrap metal recycling and manufacturing of related machines.
Grote Industries v. Sebelius
FILED ON: 10/29/2012
ABOUT THE PLAINTIFF: Grote Industries is an Indiana-based, privately held business manufacturing vehicle safety systems.
Annex Medical Inc. v. Sebelius
FILED ON: 11/2/2012
ABOUT THE PLAINTIFF: Annex Medical and Sacred Heart Medical are companies that design, manufacture, and sell medical devices. They are owned by Stuart Lind. Tom Janas is an additional plaintiff who is an entrepreneur who has owned several dairy businesses in the past and intends to purchase another in 2013. He currently operates Habile Holdings and Venture North Properties, companies that lease commercial properties but currently have no employees.
Conestoga Wood Specialties Corporation v. Sebelius
FILED ON: 12/4/2012
ABOUT THE PLAINTIFF: Conestoga Wood Specialties Corporation is a Pennsylvania-based wood cabinet and specialty products manufacturer.
Domino’s Farms Corporation v. Sebelius
FILED ON: 12/14/2012
ABOUT THE PLAINTIFF: Domino’s Farms is a Michigan-based property management company.
Sharpe Holdings Inc. v. Sebelius
FILED ON: 12/20/2012
ABOUT THE PLAINTIFF: Sharpe Holdings Inc. is a Missouri corporation that is involved in the farming, dairy, creamery, and cheese-making industries. Ozark National Life Insurance Company is a Missouri insurance corporation; N.I.S. Financial Services is a Missouri mutual fund broker, and CNS Corporation is the Missouri-based holding company for Ozark, N.I.S,. and Sharpe Holdings.
Sioux Chief MFG. Co., Inc. v. Sebelius
FILED ON: 1/14/2013
ABOUT THE PLAINTIFF: Sioux Chief MFG. Co Inc. is a Missouri Corporation that manufactures plumbing products.
Gilardi v. Sebelius
FILED ON: 1/24/2013
ABOUT THE PLAINTIFF: Freshway Foods is a fresh produce processor and packer. Freshway Logistics is a for-hire carrier of mainly refrigerated products. The companies are Ohio-based for-profits that serve 23 states.
Briscoe v. Sebelius
FILED ON: 2/4/2013
ABOUT THE PLAINTIFF: Continuum Health Partnership is a Colorado-based oxygen supply company. Conessione is an Investment company.
Hall v. Sebelius
FILED ON: 2/5/2013
ABOUT THE PLAINTIFF: Reverend Gregory Hall is a Catholic Deacon who owns American Mfg Company, a Minnesota-based company that manufactures and markets mining equipment, mud pumps, and parts for global distribution.
Lindsay, Rappaport and Postel LLC v. Sebelius
FILED ON: 2/14/2013
ABOUT THE PLAINTIFF: LR&P is an Illinois-based law firm that primarily practices in insurance defense, insurance coverage, and appellate work.
Armstrong v. Sebelius
FILED ON: 3/5/2013
ABOUT THE PLAINTIFF: Cherry Creek Mortgage Co. is a Colorado-based full-service residential mortgage banking company.
Beckwith Electric Co. v. Sebelius
FILED ON: 3/12/2013
ABOUT THE PLAINTIFF: Beckwith Electric Co. is a Florida-based provider of microprocessor-based technology.
Bick Holdings Inc. v. Sebelius
FILED ON: 3/13/2013
ABOUT THE PLAINTIFF: Bick Holdings Inc. is a Missouri-based holding company for operating companies Bick Group Inc., Bick Properties Inc., and SEALCO LLC. Through these subsidiaries BHI engages in data center consulting, design, maintenance, service, and cleaning.
Eden Foods Inc. v. Sebelius
FILED ON: 3/20/2013
ABOUT THE PLAINTIFF: Eden Foods is a Michigan-based corporation that specializes in supplying macrobiotic, organic food.
Mersino Management Company v. Sebelius
FILED ON: 3/22/2013
ABOUT THE PLAINTIFF: Mersino Management Co. is a Michigan-based management company and provides insurance for Mersino Enterprises, Mersino Dewatering, Global Pump Co., and Mersino South-West.
Hartenbower v. Sebelius
FILED ON: 3/26/2013
ABOUT THE PLAINTIFF: The Hartenbowers co-own Hart Electric LLC, an Illinois-based manufacturer of electrical components, and H.I. Cable.
MK Chambers Company v. United States Department of Health and Human Services
FILED ON: 3/28/2013
ABOUT THE PLAINTIFF: MK Chambers Company is a Michigan-based supplier of specialty machining.
Johnson Welded Products v. Sebelius
FILED ON: 4/30/2013
ABOUT THE PLAINTIFF: Johnson Welded Products is an Ohio-based manufacturer of reservoirs for air brake systems.
Ozinga v. Sebelius
FILED ON: 5/1/2013
ABOUT THE PLAINTIFF: The Ozingas are owners and senior managers of Ozinga Bros. Inc., an Illinois-based producer of ready-made concrete.
SMA LLC. v. Sebelius
FILED ON: 6/6/2013
ABOUT THE PLAINTIFF: SMA LLC is a Minnesota based agricultural/industrial construction company.
Holland et al v. Sebelius
FILED ON: 6/24/2013
ABOUT THE PLAINTIFF: Holland Chevrolet is a West Virginia-based corporation engaged in selling and servicing motor vehicles.
Medford v. Sebelius (also known as QC Group v. Sebelius)
FILED ON: 7/2/2013
ABOUT THE PLAINTIFF: The QC Group Inc is a Minnesota-based corporation, owned by Daniel Medford and David DeVowe, which provides quality control services.
Willis & Willis PLC v. Sebelius
FILED ON: 7/24/2013
ABOUT THE PLAINTIFF: Willis & Willis PLC is a Michigan-based law firm.
Trijicon Inc. v. Sebelius (also known as Bindon v. Sebelius)
FILED ON: 8/5/2013
ABOUT THE PLAINTIFF: Trijicon Inc. is a Michigan-based maker of aiming systems for firearms.
Barron Industries v. Sebelius
FILED ON: 9/4/2013
ABOUT THE PLAINTIFF: Barron Industries Inc. is a Michigan-based company that produces metal castings for various industries.
Midwest Fastener Corp. v. Sebelius
FILED ON: 9/5/2013
ABOUT THE PLAINTIFF: Midwest Fastener Corp. is a Michigan-based company that supplies fasteners to the hardware store, home center, and industrial markets.
Feltl & Co. Inc. v. Sebelius
FILED ON: 9/25/2013
ABOUT THE PLAINTIFF: Feltl & Co. Inc. is a Minnesota-based securities brokerage and investment banking company.
Randy Reed Automotive v. Sebelius
FILED ON: 10/8/2013
ABOUT THE PLAINTIFF: Randy Reed Automotive, Randy Reed Buick GMC, Randy Reed Nissan, and Randy Reed Chevrolet are Missouri-based car dealerships.
C.W. Zumbiel, Co. v. Sebelius
FILED ON: 10/22/2013
ABOUT THE PLAINTIFF: Zumbiel Packaging is a Kentucky-based manufacturer of paperboard packaging for consumer goods.
Williams v. Sebelius
FILED ON: 10/30/2013
ABOUT THE PLAINTIFF: The Williams own Electrolock Inc., an Ohio-based corporation that works in the electrical and thermal insulation industry. Other plaintiff companies include Stone River Management Co. and Dunstone Co.
Doboszenski & Sons Inc. v. Sebelius
FILED ON: 11/14/2013
ABOUT THE PLAINTIFF: Doboszenski & Sons is a Minnesota-based company that provides services for excavation, demolition, and street construction and reconstruction.
Stewart et al. v. Sebelius
FILED ON: 11/27/2013
ABOUT THE PLAINTIFF: Encompass Develop, Design & Construct, LLC is a Kentucky-based architect, design and construction service of which John Stewart is the managing and sole member.
Hastings Automotive v. Sebelius
FILED ON: 1/29/2014
ABOUT THE PLAINTIFF: Hastings Automotive Inc. (known as Hastings Ford) and Hastings Chrysler Center are Minnesota car dealerships.
Catholic Benefits Association v. Sebelius
FILED ON: 3/12/2014
ABOUT THE PLAINTIFF: For- and nonprofit corporations including the Catholic Benefits Association and Catholic Insurance Company.
M&N Plastics v. Sebelius
FILED ON: 5/31/2013 (in DC district court); 11/18/2013 (in Michigan district court)
ABOUT THE PLAINTIFF: M&N Plastics is a Michigan-based supplier of custom injection molding products.
Mersino Dewatering Inc. v. Sebelius
FILED ON: 9/3/2013 (in DC district court); 11/26/2013 (in Michigan district court)
ABOUT THE PLAINTIFF: Mersino Dewatering Inc. is a Michigan-based company that provides dewatering (water removal) services. It has branches in Michigan, Florida, North Carolina, Nebraska, and Pennsylvania