Why Are Courts Allowing Redefinitions of Emergency Contraception?

May 14, 2014, Andrea Flynn

In courtrooms across the country the Affordable Care Act’s (ACA’s) “contraceptive mandate” is being hotly contested as a violation of religious liberty. The Supreme Court recently heard two such cases – Conestoga Wood and Hobby Lobby – and is expected to deliver a decision by the end of next month. While larger questions of the religious freedom of corporations loom, underlying claims about emergency contraception threaten to confuse the general population and stigmatize a contraceptive method many women rely on for their health and wellness.

More than 100 cases have been filed against the contraceptive mandate by non-profit organizations, for-profit companies, states, and lawmakers. Plaintiffs in each of the cases argue that the mandate is a violation of their religious liberty, many explicitly stating their opposition to IUDs and emergency contraception (EC), which they define as abortifacients (drugs that induce abortion).