Catholic Charities of Sacramento v. Superior Court of Sacramento County/ Amici (California)
The California Legislature passed a statute, effective January 1, 2000, that requires California employers who provide health care coverage and a prescription plan to their employees to include prescription contraceptives in that coverage. Due to pressure from Catholic groups, the legislature included a conscience clause, which would enable them to provide coverage that does not include contraceptives. They argued that without the clause, the statute would burden their religious freedom. The legislature reached a compromise that provided an exemption for "religious employers," which must satisfy certain criteria. Catholic Charities does not satisfy all of the criteria and filed suit alleging that the statute presented it with the dilemma of "either refusing to provide health insurance coverage for its employees or facilitating the sin of contraception, both of which violate its religious beliefs." The Center for Reproductive Rights, along with the California Abortion and Reproductive Rights Action League (CARAL), California Planned Parenthood Education Fund, and the California Medical Society, filed amici briefs with the state appellate court in 2001 and the state supreme court in 2002 in support of the state’s position in this case. The California Supreme Court found that the state is not unconstitutionally impairing the religious rights of Catholic Charities by requiring that they include prescription contraceptives in their health benefit program.
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Catholic Charities of the Diocese of Albany, et al. v. Serio /Amici (New York)
The Center is part of a large group of amici in this case filed by Catholic Charities. Catholic Charities and the other plaintiffs do not satisfy all of the criteria for exemption and filed suit alleging that the challenged portions of the statute violate certain provisions of New York State’s Constitution. The trial court dismissed the complaint and the case is now on appeal.
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In re Access to Emergency Contraception In Colombia/ Amici
(Colombian Consejo de Estado/Colombia)
In consultation with Profamilia in Bogotá, Colombia, the Center submitted an amicus brief in December 2004 supporting the government’s previous administrative decision to approve the sale and distribution of EC. The Center’s brief is in opposition to a "citizen’s petition" filed with the Council of State (highest administrative court) by anti-choice groups that is pushing the Court to declare that EC produces abortions and therefore is illegal under Colombian law. This is a tactic used by anti-choice groups in several other Latin American countries including Chile and Ecuador.
Using examples from diverse countries, our brief argues that granting the citizen’s petition would be contrary to international human rights law and medical fact, and would violate the rights of Colombian women to autonomy in reproductive decision-making and the right to have access to a range of safe and effective contraceptive methods.
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In re Access to Emergency Contraception In Ecuador /Amici
(Constitutional Tribunal of Ecuador)
In 2005, anti-choice organizations in Ecuador filed a suit to outlaw emergency contraception, alleging that EC violates the right to life as established in the Ecuadorian constitution. As a result of their lawsuit, a lower court banned distribution of EC, and the Ministry of Health appealed this decision. The Center, in collaboration with the Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), submitted an amicus brief in March 2005 supporting the Ministry of Health’s decision.
Using examples from diverse countries, our brief argues that banning the sale and distribution of EC would be contrary to international human rights law and medical fact, and would violate the rights of Ecuadorian women to autonomy in reproductive decision-making and the right to have access to a range of safe and effective contraceptive methods.
On May 24, 2006, the Constitutional Tribunal of Ecuador declared the distribution of EC unconstitutional, holding that EC violates the right to life as established in the Ecuadorian Constitution.
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