EAST TEXAS BAPTIST UNIVERSITY v. BURWELL

Nos. 14-20112, 14-10661, 14-10241, 14-40212.

793 F.3d 449 (2015)

EAST TEXAS BAPTIST UNIVERSITY; Houston Baptist University, Plaintiffs-Appellees, Westminster Theological Seminary, Intervenor Plaintiff-Appellee, v. Sylvia Mathews BURWELL, in her official capacity as Secretary of the United States Department of Health and Human Services; Thomas Perez, in his official capacity as Secretary of the United States Department of Labor; Jacob J. Lew, in his official capacity as Secretary of the United States Department of Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of Treasury, Defendants-Appellants. University of Dallas, Plaintiff-Appellee, v. Sylvia Mathews Burwell, in her official capacity as Secretary of the United States Department of Health and Human Services; Thomas Perez, in his official capacity as Secretary of the United States Department of Labor; Jacob J. Lew, in his official capacity as Secretary of the United States Department of Treasury; United States Department of Health And Human Services; United States Department of Labor; United States Department of Treasury, Defendants-Appellants. Catholic Diocese of Beaumont; Catholic Charities of Southeast Texas, Incorporated, Plaintiffs-Appellees, v. Sylvia Mathews Burwell, in her official capacity as Secretary of the United States Department of Health and Human Services; Thomas Perez, in his official capacity as Secretary of the United States Department of Labor; Jacob J. Lew, in his official capacity as Secretary of the United States Department of Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of Treasury, Defendants-Appellants. Catholic Charities, Diocese Of Fort Worth, Incorporated, Plaintiff-Appellee, v. Sylvia Mathews Burwell, in her official capacity as Secretary of the U.S. Department of Health and Human Services; Thomas Perez, in his official capacity as Secretary of the U.S. Department of Labor; Jacob J. Lew, in his official capacity as Secretary, U.S. Department of Treasury; United States Department of Health and Human Services; United States Department of Labor; United States Department of Treasury, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 22, 2015.


Attorney(s) appearing for the Case

Eric C. Rassbach (argued), Diana Marie Verm , Washington, DC, Scott A. keller , Solicitor, Austin, TX, Basheer Youssef Ghorayeb , Thomas F. Allen, Jr. (argued), John Walter Crumley, Esq. , Natalia Oehninger Delaune , Tamara Marinkovic , Terence M. Murphy , Randal G. Cashiola , Dallas, TX, Fort Worth, TX, for Plaintiff-Appellee.

Kenneth Reed Wynne, Esq. (argued), Wynne & Wynne, L.L.P., Houston, TX, for Intervenor Plaintiff-Appellee.

Adam Craig Jed (argued), Megan Barbero, Esq. , Alisa Beth Klein, Esq. , Jacek Pruski , Bradley Philip Humphreys , Patrick George Nemeroff , Washington, DC, Joshua Marc Salzman , U.S. Department of Justice, Washington, DC, Daniel David Hu , Asst. U.S. Atty., Houston, TX, for Defendant-Appellant.

Ayesha N. Khan, Esq. , Mailee Rebecca Smith, Esq. , Washington, DC, Deborah Jane Dewart , Attorney, Swansboro, NC, for Amicus Curiae.

Before REAVLEY, SMITH, and GRAVES, Circuit Judges.


In these consolidated appeals, religious organizations challenge, under the Religious Freedom Restoration Act ("RFRA"),1 a requirement that they either offer their employees health insurance that covers certain contraceptive services or submit a form or notification declaring their religious...

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