Summary of facts: The State of Oregon requires that employers cover abortion and contraceptive services, but it allows religious organizations to choose plans excluding abortion coverage. Oregon Right to Life, a faith-based nonprofit organization opposed to abortion, sought the statutory religious exemption from Oregon’s abortion mandate, but the state refused on the ground that the organization was not “religious” because it was not a church. The organization then sued the state, arguing that its refusal to grant the exemption violated its rights under the Free Exercise Clause of the First Amendment. The district court denied injunctive relief and dismissed the case, agreeing that the group was not “religious” because it was not a church or church affiliate. The U.S. Court of Appeals reversed and returned the case to the district court for reconsideration in light of the Supreme Court’s recent holding in Catholic Charities v. Wisconsin, and noted that the organization had given ample evidence of religiosity.

RFI’s position: Religious freedom does not belong only to churches or other houses of worship. It also extends to organizations formed to pursue religiously motivated missions in advocacy, education, healthcare, charity, and public service, among others. By limiting religious exemptions to churches and affiliated organizations, Oregon makes those exemptions far too narrow and difficult to qualify for. This impinges on the First Amendment rights of these religious organizations by limiting their ability to live out their beliefs fully in their internal and external practices.

Read the brief here.