Brett Kavanaugh on Families & Children

Allow churches to exclude contraceptives from insurance

Priests for Life had challenged the process for certifying eligibility for exemptions, contending the paperwork involved burdened religious rights. Kavanaugh agreed, saying, "To plaintiffs, the act of submitting this form would, in their religious judgment, impermissibly facilitate delivery of contraceptive and abortifacient coverage."

He said that rather than a form, the group could--as the Supreme Court had allowed in separate cases--be permitted to simply notify the secretary of health and human services in writing that it objects to providing coverage for contraceptives.