Circuit Judge Joel Flaum dissented from the Tuesday decision, saying he would have granted an injunction. He called the mandate is a substantial burden on the university’s rights and would turn Notre Dame into a “conduit for the provision of cost-free contraception.” The mandate would compel it to contract with insurance companies in a way that the university believes would make it “complicit in moral wrong.”
Notre Dame and other objecting organizations have said this form of the mandate still forces them to violate their religious convictions, which bar complicity in providing such coverage. Refusal to comply with the mandate could result in heavy fines.
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