WASHINGTON: The US Supreme Court ruled Monday that lower courts should decide how the government can provide free insurance coverage for contraception to women working for some religious groups.
In a unanimous decision, the high court avoided ruling on the merits of the case between the government and the religiously affiliated institutions, many of them Catholic, that opposed a key mandate in the "Obamacare" health care reform requiring most employers to include birth control coverage in their health plans.
Monday's ruling came after the parties showed in briefs to the court that they could reach a compromise on how female employees could get contraception coverage from religious employers' health insurance companies, but without direct employer involvement.
"Petitioners have clarified that their religious exercise is not infringed where they 'need to do nothing more than contract for a plan that does not include coverage for some or all forms of contraception,' even if their employees receive cost-free contraceptive coverage from the same insurance company," the decision said.
The justices said remanding the issue to lower courts was "more suitable" and noted that they expressed "no view on the merits of the cases."
"In particular, the Court does not decide whether petitioners' religious exercise has been substantially burdened, whether the Government has a compelling interest, or whether the current regulations are the least restrictive means of serving that interest," the decision said.
All but one federal appeals court had ruled in favor of the government in earlier decisions in the cases.
The plaintiffs in seven combined lawsuits had argued that the Obamacare requirement violates a federal law protecting religious freedom.
Organizations can opt out of the birth control mandate by providing written notification of their opposition on religious grounds.
Insurance companies and the government are then responsible for providing the coverage directly to the concerned women.
Religious non-profits had argued that the government's accommodation still burdened their free exercise of religion by making them complicit in providing contraception that is contrary to their beliefs.
Plaintiffs in the case, Zubik versus Burwell, included schools as well as the Little Sisters of the Poor, a Catholic charity.
The case was being closely watched as a test of a court that has been evenly split across ideological lines since the death of conservative justice Antonin Scalia in February.
A 4-4 tie would have left lower court rulings in effect.
Senate Republicans have refused to vote on a replacement for Scalia until US President Barack Obama leaves office next year.
In a landmark 2014 decision in a similar case, the Supreme Court ruled 5-4 that closely held, for-profit corporations -- including arts and crafts retailer Hobby Lobby -- can deny contraceptive coverage to employees for religious reasons.
In passing the law requiring contraception coverage, Congress sought to address a nationwide problem, namely that women pay more than men for preventive care and therefore often do not seek such services.
The government said the mandate advances its compelling interest in protecting women's health.
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