Skip to main content
Guttmacher Institute

Search

  • X
  • Facebook
  • Instagram
  • Youtube
  • LinkedIn
  • Contact

Highlights

  • Roe v. Wade Overturned
  • Reproductive Health Impact Study
  • Adding It Up
  • Abortion Worldwide
  • Guttmacher-Lancet Commission
  • Monthly Abortion Provision Study
  • US policy resources
  • State policy resources
  • State legislation tracker

Reports

  • Global
  • United States

Articles

  • Global research
  • US research
  • Policy analysis
  • Guttmacher Policy Review
  • Opinion

Fact Sheets

  • Global
  • United States
  • US State Laws and Policies

Data, Videos & Visualizations

  • Data center
  • Videos
  • Infographics
  • Public-use data sets

Peer-reviewed Journals

  • International Perspectives on Sexual and Reproductive Health (1975–2020)
  • Perspectives on Sexual and Reproductive Health (1969–2020)

Global

  • Abortion
  • Contraception
  • HIV & STIs
  • Pregnancy
  • Teens

US

  • Abortion
  • Contraception
  • HIV & STIs
  • Pregnancy
  • Teens

Our Work by Geography

  • Global
  • Africa
  • Asia
  • Europe
  • Latin America & the Caribbean
  • Northern America
  • Oceania

Who We Are

  • About
  • Staff
  • Board
  • Job opportunities
  • Newsletter
  • History
  • Contact
  • Conflict of Interest Policy

Media

  • Media office
  • News releases

Support Our Work

  • Make a gift today
  • Monthly Giving Circle
  • Ways to Give
  • Guttmacher Guardians
  • Guttmacher Legacy Circle
  • Financials
  • 2024 Impact Report

Awards & Scholarships

  • Darroch Award
  • Richards Scholarship
  • Bixby Fellowship
Donate
Guttmacher Institute
Donate

Highlights

  • Roe v. Wade Overturned
  • Reproductive Health Impact Study
  • Adding It Up
  • Abortion Worldwide
  • Guttmacher-Lancet Commission
  • Monthly Abortion Provision Study
  • US policy resources
  • State policy resources
  • State legislation tracker

Reports

  • Global
  • United States

Articles

  • Global research
  • US research
  • Policy analysis
  • Guttmacher Policy Review
  • Opinion

Fact Sheets

  • Global
  • United States
  • US State Laws and Policies

Data, Videos & Visualizations

  • Data center
  • Videos
  • Infographics
  • Public-use data sets

Peer-reviewed Journals

  • International Perspectives on Sexual and Reproductive Health (1975–2020)
  • Perspectives on Sexual and Reproductive Health (1969–2020)

Global

  • Abortion
  • Contraception
  • HIV & STIs
  • Pregnancy
  • Teens

US

  • Abortion
  • Contraception
  • HIV & STIs
  • Pregnancy
  • Teens

Our Work by Geography

  • Global
  • Africa
  • Asia
  • Europe
  • Latin America & the Caribbean
  • Northern America
  • Oceania

Who We Are

  • About
  • Staff
  • Board
  • Job opportunities
  • Newsletter
  • History
  • Contact
  • Conflict of Interest Policy

Media

  • Media office
  • News releases

Support Our Work

  • Make a gift today
  • Monthly Giving Circle
  • Ways to Give
  • Guttmacher Guardians
  • Guttmacher Legacy Circle
  • Financials
  • 2024 Impact Report

Awards & Scholarships

  • Darroch Award
  • Richards Scholarship
  • Bixby Fellowship
Donate
  • X
  • Facebook
  • Instagram
  • Youtube
  • LinkedIn
  • Contact
Policy Analysis
January 2014

Guttmacher Supreme Court Brief Puts Data Front and Center in Support of ACA’s Contraceptive Coverage Guarantee

Reproductive rights are under attack. Will you help us fight back with facts?

Donate

The U.S. Supreme Court should hold that owners of for-profit companies cannot assert religious objections to deny their employees insurance coverage of contraceptive services and supplies in employer-sponsored health plans, argues a friend-of-the-court brief filed by the Guttmacher Institute and Professor Sara Rosenbaum (a member of the Guttmacher board of directors and professor at The George Washington University). The brief’s legal team was led by former Acting Solicitor General Walter Dellinger and Indiana University Professor (and Guttmacher board member) Dawn Johnsen.

At issue in two related cases (Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius), to be argued before the Court on March 25, is a provision under the 2010 Affordable Care Act (ACA) guaranteeing that most private insurance plans cover the full range of prescription contraception without cost-sharing for patients. Churches and other houses of worship are exempted from this requirement and an accommodation is in place for religiously affiliated nonprofit organizations. However, a number of for-profit companies are challenging the federal policy, claiming they too should be able to opt out of covering some or possibly all methods of contraception on the grounds that their owners deem those methods morally objectionable.

Countering the enormous amount of misinformation and distortion of the scientific evidence that opponents of the federal contraceptive coverage policy have perpetrated, the Guttmacher-Rosenbaum brief presents extensive data from the Guttmacher Institute and other leading authorities to clarify numerous key points for the legal record: methods of contraception differ dramatically in their effectiveness in preventing unintended pregnancy; methods are not interchangeable medically, or in terms of their appropriateness or ease of use for a given woman at a given point in her life; and cost is a substantial barrier to women’s ability to choose and use the best method for them based on their individual circumstances and health needs. Moreover, removing cost barriers—as the federal policy currently requires—has been proven to make a substantial difference in facilitating access to contraceptive services.

The brief further documents that improved access to effective contraception reduces women’s risk of unintended pregnancy, which in turn reduces the need for abortion and promotes women’s educational, economic and social advancement. Acceding to the companies’ position that they should be exempt from the federal policy cannot be allowed, the brief explains, since doing so would substantially burden the female employees and family members who obtain health insurance through these employers. The burden on the women would be substantial, since it would interfere with their ability to effectively plan whether and when to have a child in accord with their own religious and moral beliefs, health needs and family responsibilities.

The below excerpt from the Summary section highlights the brief’s key arguments (see here for the full brief, including all citations):

See the full brief here: Brief of the Guttmacher Institute and Professor Sara Rosenbaum as amici curiae in support of the government

For more information:

Fact sheet: Contraceptive Use in the United States
Analysis: The Case for Insurance Coverage of Contraceptive Services and Supplies Without Cost-Sharing
Research: Review of Scientific Literature Documents the Significant Social and Economic Benefits of Contraception
Video: Benefits of Contraceptive Use
Infographic: Contraception Is Highly Effective
Research: Contraceptive Use Is the Norm Among Religious Women

First published online: January 31, 2014

Share

Printer-friendly version

Read More

Policy Analysis

Guttmacher Institute Amicus Brief Filed With the Supreme Court of the United States: Sebelius v. Hobby Lobby and Conestoga Wood v. Sebelius

Topic

United States

  • Abortion: Insurance Coverage
  • Contraception: Affordable Care Act (ACA), State Policies on Contraception
  • Pregnancy: State Policies on Pregnancy

Geography

  • Northern America: United States

US Policy Resources

More
Guttmacher Institute

Center facts. Shape policy.
Advance sexual and reproductive rights.

Donate Now
Newsletter Signup  Contact Us 
  • X
  • Facebook
  • Instagram
  • Youtube
  • LinkedIn
  • Contact

Footer

  • Privacy Policy
  • Accessibility Statement
© 2025 Guttmacher Institute. The Guttmacher Institute is registered as a 501(c)(3) nonprofit organization under the tax identification number 13-2890727. Contributions are tax deductible to the fullest extent allowable.