The Tenth Circuit Court of Appeals ruled today that the Little Sisters of the Poor have to comply with the administration’s “HHS mandate” on contraceptives, as modified by its “accommodation” for religious non-profits. But the decision seems to directly contradict the Supreme Court’s Hobby Lobby ruling.
The ruling holds that the Little Sisters believe that complying with administration policy renders it complicit in immoral activity, that taking actions that make them complicit in immoral activity is itself immoral, and thus that they cannot take such actions consistent with their conscience. The Tenth Circuit has decided that the Little Sisters are wrong about their complicity.
The Supreme Court, in Hobby Lobby, could not have been clearer that this kind of reasoning is inconsistent with the Religious Freedom Restoration Act.