Rep. Maloney Statement on Zubik v. Burwell Decision

May 16, 2016
Press Release

Following the Supreme Court’s decision today to refer Zubik v. Burwell back to the lower courts to try to find a solution that supports both the Obama administration and the plaintiffs, Congresswoman Carolyn B. Maloney (NY-12) released the following statement:

“A woman’s access to healthcare and her personal medical and life decisions should not be dependent on her employer’s personal beliefs. No employer should be able to block an employee’s access to healthcare.  Ninety-nine percent of women have used birth control at some point and the overwhelming consensus from medical and scientific communities acknowledges that such access is important preventive medical care. The Affordable Care Act provides full access to coverage without copays for preventive health care, which includes contraceptive methods. Personal medical decisions are just that – personal – and employers should not be allowed to cherry pick which health services to insure for their employees.”


Under the Affordable Care Act’s birth control benefit, the Obama Administration has issued an accommodation for certain non-profit entities with religious objections to birth control. This accommodation requires employers who wish to opt out of including birth control in its employer- or school-based insurance plan to fill out a one-page form notifying either the insurance plan or the federal government of the objection.

The complainants in Zubik v. Burwell are non-profit employers who claim that this accommodation violates the Religious Freedom Restoration Act.

On May 16, 2016, the Supreme Court referred the case back to the lower courts to give the petitioners and the government “an opportunity to arrive at an approach going forward that accommodates petitioners’ religious exercise while at the same time ensuring that women covered by petitioners’ health plans ‘receive full and equal health coverage, including contraceptive coverage.’”