WASHINGTON – Today the Supreme Court unanimously decided to send Zubik v. Burwell – a case regarding religious nonprofits and the contraception mandate of the Affordable Care Act – back to the lower courts. Without ruling on the merits of the case, the Supreme Court instructed the federal government and the religious nonprofits in question to find a compromise. Interfaith Alliance joined a number of religious organizations in an amicus brief in support of the Obama Administration arguing that the religious freedom rights of these nonprofits were not jeopardized by the existing workaround to contraception mandate. In response to this decision, Rabbi Jack Moline, president of Interfaith Alliance, released this statement:

“We are deeply disappointed that the Supreme Court abdicated its duty and left open the potential for further encroachment on the fundamental rights of employees of religious nonprofits. The issues in this case are clear: It cannot possibly be a violation of the religious freedom of an employer to enable his or her employees to make their own decisions about faith and health care. Despite this delay, we hope that the lower courts will not cave to the demands of those with a narrow, sectarian vision of the First Amendment, and instead will protect the autonomy and religious freedom of all Americans.”

“Today’s non-decision is emblematic of the dysfunction created by the Senate’s refusal to act swiftly to fill the vacancy left by Justice Scalia’s passing. All those passionate about religious freedom must recognize that our rights deserve the protection of a full bench.”


Interfaith Alliance is a network of people of diverse faiths and beliefs from across the country working together to build a resilient democracy and fulfill America’s promise of religious freedom and civil rights not just for some, but for all. We mobilize powerful coalitions to challenge Christian nationalism and religious extremism, while fostering a better understanding of the healthy boundaries between religion and government. We advocate at all levels of government for an equitable and just America where the freedoms of belief and religious practice are protected, and where all persons are treated with dignity and have the opportunity to thrive. For more information visit interfaithalliance.org.