The Problem

The 2013 Religious Freedom Moot Court Competition focuses on whether the United States Department of Health and Human Services mandate, which requires employers to provide their employees with medical insurance coverage for pregnancy prevention services, violates the Free Exercise and Establishment Clauses of the First Amendment and the Religious Freedom Restoration Act. The plaintiff, Westminster Social Services, Inc., is a non-profit entity that provides charitable services for indigent members of its community.  Westminster Social Services, Inc. employs sixty people and is religiously affiliated with the First Presbyterian Church. Because of this affiliation, Westminster Social Services, Inc. follows the church’s teachings that forbid the use of contraceptives. Accordingly, Westminster refuses to purchase medical insurance that provides coverage for the required pregnancy prevention services. The District Court found for Westminster Social Services, Inc. and issued a preliminary injunction against enforcement of the Health and Human Services mandate. The U.S. Government appealed to the Court of Appeals for the Thirteenth Circuit. The Thirteenth Circuit agreed with the District Court and held that the Health and Human Services mandate violated Westminster’s rights under the First Amendment and the Religious Freedom Restoration Act and further upheld the preliminary injunction granted by the District Court. The Supreme Court for the United States has granted certiorari.The 2013 Problem was released November 10, 2012 by email. If your team did not receive problem by email, please contact Clayton Preece at chpreece@law.gwu.edu.