Brief Federal Form Has Outsize Role in Birth-Control Fight

The New York Times takes a close look at the two-page opt-out form that is central to the Obama administration’s clash with religious nonprofits over the provision of contraceptive insurance coverage.

The 737-word form allows faith-affiliated schools, hospitals, and other groups to register a religious objection to providing birth-control coverage under the Affordable Care Act and authorize a third-party insurer to do so instead. Dozens of faith groups have filed suits arguing that requiring them to submit the form makes them complicit in providing contraception, in violation of their religious beliefs.

The cases have generated mixed rulings so far. The Supreme Court and lower courts have granted religious nonprofits injunctions against filing the “self-certification” pending the outcome of their litigation, but some judges rejected such stays, saying the form does not impose a substantial burden on the exercise of religion.