Oregon Right to Life wins suit over insurance mandate

A judge has said that the injunction he placed on Oregon's abortion insurance mandate applies only to Oregon Right to Life.

Key Takeaways:

• Oregon passed the Reproductive Health Equity Act (RHEA) in 2017, which includes exemptions for religious organizations.

• Oregon Right to Life requested to be included in that exemption, but was refused.

• The group sued in 2023 to block the state mandate, and a judge ruled against them in 2024.

• After an appeal, the law was found to be unconstitutional in 2026, though questions remained as to whether it would apply to just Oregon Right to Life, or to other similar organizations.

• A judge has now ruled that it applies solely to Oregon Right to Life.

The Backstory:

Oregon lawmakers passed the RHEA in 2017, which required all insurance companies in the state to include coverage of abortion. An exemption was included for religious organizations, but pro-life organizations with strong moral opposition to abortion would still be forced to include coverage for abortion in their insurance plans.

In 2023, Oregon Right to Life (ORTL) sued. In its lawsuit, the group said the state needed to give a compelling reason why organizations like ORTL are not able to receive exemptions, and explain why it only applies to religious groups.

U.S. District Judge Ann Aiken ruled that ORTL is not a religious group and, therefore, does not qualify. “Other than a fleeting reference to ‘Judeo-Christian ethics,’ there is nothing in the articles of incorporation that would suggest any religious element in plaintiff’s organization,” Aiken wrote.

ORTL appealed that ruling, and earlier this year, U.S. District Court Judge Mustafa Kasubhai said the mandate was unconstitutional, though it was a narrow victory. He asked both ORTL and the state of Oregon to submit briefs with arguments as to what relief should be granted; ORTL asked for the RHEA to be struck down entirely.

The Details:

On July 1, Kasubhai ruled that ORTL does not have to abide by the abortion coverage mandate because the mandate violated ORTL’s First Amendment right to religious freedom. But, his ruling will only apply to ORTL, not other employers.

“The Court declines to grant relief to ‘all other employers’ with similar objections,” Kasubhai wrote.

Oregon Attorney General Dan Rayfield said in a statement, "At this time, we do believe the impact is limited, as this ruling addresses a specific religious exemption claim brought by one organization. Our office will use every tool available to the state to defend access to abortion and Oregon’s Reproductive Health Equity Act, including appealing this decision.”

Tina Kotek was speaker of the Oregon House when the 2017 law was passed, and is now governor; in response to Kasubhai's ruling, she said she would continue to work to protect abortion.

“I was proud to champion the Reproductive Health Equity Act because Oregonians believe health care decisions belong to individuals — not employers, not politicians, and not the courts,” she said in a statement. “At a time when reproductive rights are under attack across the country, Oregon has been a leader and a safe harbor. We are not going to back down now.”

Norman Williams, a seemingly pro-abortion professor of law at Willamette University, meanwhile complained that ORTL's success could inspire other pro-life organizations to also fight against being forced to fund abortions. Williams explained:

On the judge’s view, any organization, no matter how secular, that opposes paying for health insurance that includes abortion-related services on religious grounds would be entitled to a religious exemption — a view that could create enormous opportunities for for-profit companies who object to this mandate to now claim religious scruples for doing so.

The Bottom Line:

Oregon Right to Life Executive Director Lois Anderson praised the ruling as a victory for all pro-lifers within the state.

“It was always absurd for Oregon to attempt to force Oregon Right to Life, as a pro-life organization, to fund abortion — the very practice we are dedicated to opposing. Yesterday, the federal court agreed,” she said in a statement. “This is a win for Oregon Right to Life, but more than that, it is a victory for all pro-life Oregonians.”