Obama Appointed Judge Orders Little Sisters Of The Poor To Fund Contraceptives For Employees

In a ruling that has reignited national outrage over religious liberty, a federal judge sided with the states of Pennsylvania and New Jersey this week in their effort to force the Little Sisters of the Poor — a Catholic order of nuns who serve the elderly and destitute — to provide contraceptive coverage in their employee healthcare plan or face massive federal penalties.

The decision, issued by U.S. District Court Judge Wendy Beetlestone — an Obama appointee — vacated the religious exemptions to the Affordable Care Act’s (ACA) contraception mandate that were granted by the Trump administration in 2017. Judge Beetlestone ruled that those exemptions were “arbitrary and capricious” and violated the Administrative Procedure Act (APA), despite multiple Supreme Court rulings that had already upheld the rights of religious employers like the Little Sisters.

“The religious exemptions are vacated in their entirety,” Beetlestone wrote in her order, effectively reactivating the threat of crippling fines unless the nuns comply with government-mandated healthcare coverage that includes services directly contrary to their religious beliefs.

The ruling comes years after the Little Sisters of the Poor were first dragged into litigation during the Obama administration for refusing to comply with the ACA’s contraceptive mandate. The original HHS rule — which required nearly all employers to provide birth control, including some drugs considered abortifacients — did not include a sufficient exemption for religious non-profits. The Little Sisters, who take vows of poverty and serve the elderly poor, objected on the grounds of religious conscience.

In 2016, the Supreme Court unanimously sided with the nuns, and the Trump administration followed up with a new rule in 2017 that formally exempted religious employers. But left-wing states quickly launched new legal challenges. In 2020, the Supreme Court again ruled in favor of the Little Sisters, affirming the Trump administration’s authority to issue the exemption.

Despite that ruling, Pennsylvania and New Jersey continued pressing the case on procedural grounds. Now, a federal court has taken their side in what the Becket Fund attorney Mark Rienzi called a dangerous escalation.

“The district court blessed an out-of-control effort by Pennsylvania and New Jersey to attack the Little Sisters and religious liberty,” Rienzi said. “It is absurd to think the Little Sisters might need yet another trip to the Supreme Court to end what has now been more than a dozen years of litigation over the same issue.”

What’s more, the ruling was issued without a single hearing being held over the last five years. According to Rienzi, the court failed to engage with the significant constitutional issues at stake, punting on the broader question of religious freedom.

Mother Loraine Marie Maguire, a leader in the Little Sisters of the Poor, issued a heartfelt statement following the ruling: “As Little Sisters of the Poor, we dedicate our lives to caring for the elderly poor until God calls them home. We will continue to fight for the right to carry out our mission without violating our faith, and we pray Pennsylvania and New Jersey will end this needless harassment.”

The case — Pennsylvania v. Trump, No. 17-4540 — is expected to be appealed in the coming weeks. With two Supreme Court victories already under their belt, the Little Sisters may once again be forced to defend their right to practice their faith against state governments determined to override it.

As many have pointed out, the broader implications go far beyond one order of Catholic nuns. At the heart of the case lies a fundamental question: Can the government force religious Americans to act against their deeply held beliefs — and punish them when they refuse?

The answer, for now, remains uncertain. But if history is any guide, the Little Sisters of the Poor will not back down.

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