A federal appeals court has ruled that Oregon cannot compel a pro-life organization to include abortion coverage in its employee health insurance plans, delivering a major victory for conscience rights in a years-long legal battle.
The Ninth Circuit Court of Appeals on Friday issued a 2-1 decision in Oregon Right to Life v. Stolfi, reversing a lower court’s dismissal of the group’s lawsuit against the state’s 2017 Reproductive Health Equity Act.
The law mandates abortion and abortifacient birth control coverage in nearly all health insurance plans, with a very narrow exemption for religious employers that Oregon Right to Life does not meet.
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In his majority opinion, Judge Lawrence VanDyke recognized the pro-life group’s religious foundation and remanded the case for further proceedings.
“ORTL is a religiously motivated organization, governed by a board whose members have sincere religious beliefs, and with purposes to ‘be carried out … by means consistent with traditional Judeo-Christian ethics,’” VanDyke wrote. “We therefore REVERSE the district court’s order dismissing ORTL’s complaint for failure to state a claim, VACATE the district court’s order denying ORTL a preliminary injunction, and REMAND this action to the district court for further proceedings consistent with this opinion.”
Oregon Right to Life, represented by the Bopp Law Firm, filed the suit in 2023 seeking an exemption from the mandate.
Senior U.S. District Judge Ann Aiken dismissed the claim in September 2024, prompting the appeal.
Lois Anderson, executive director of Oregon Right to Life, hailed the ruling as a defense of pro-life principles.
“I am thrilled and heartened that the Ninth Circuit Court ruled in our favor, recognizing our clear claim to an exception from being forced to finance abortions. I am also deeply grateful for our legal team’s incredible work in getting us to this key victory,” Anderson said. “Of course, it is absurd on its face that Oregon Right to Life – a pro-life organization dedicated to opposing abortion – should be forced to provide insurance for abortions.”
“As our case now heads back to the district court, we look forward to continuing to defend our conscience rights,” she added. “The strength of our arguments, along with the skill and commitment of our legal team, give us good reason to hope for a final ruling that fully affirms our right to an exemption from funding abortion.”
