Court decision allows Christian Brothers Services to move forward
Romeoville, Illinois, March 2019—Following a lengthy legal struggle against the federal government regarding the contraceptive mandate under the Affordable Care Act, Christian Brothers Services (CBS) and the Christian Brothers Employee Benefit Trust (CBEBT) can continue to provide health benefits to employees of Catholic organizations throughout the United States consistent with the tenets of the Catholic Church, without fear of exposing those organizations to costly penalties.
The mandate was scheduled to apply January 1, 2014. In late 2013, CBS, CBEBT and the Little Sisters of the Poor filed a class action lawsuit in the United States District Court for the District of Colorado challenging the application of the mandate to Catholic organizations participating in the CBEBT. This was the first class action challenging the mandate.
After receiving a preliminary injunction from Justice Sotomayor December 31, 2013, which prohibited the federal government from requiring the CBEBT to provide contraceptives or imposing penalties on Catholic organizations participating in the CBEBT for failing to provide contraceptives to their employees, the case continued in the courts for several years, making its way in and out of the U.S. Supreme Court.
Finally, last year, the district court issued a judgment in favor of CBS and the other plaintiffs in the lawsuit and a permanent injunction prohibiting the federal government from enforcing the mandate against any employers participating in the CBEBT.
“We cannot thank the Little Sisters of the Poor enough for both leading and symbolizing the effort to oppose the mandate,” said Brother Michael Quirk, FSC, Ed.D, President and CEO of Christian Brother Services. “The Little Sisters were instrumental in demonstrating the importance of remaining true to Catholic teaching while working to support their mission. As an advocate for our members, we are happy to have this issued resolved.”
The diligent work of legal counsel for the plaintiffs, Locke Lord LLP, a national law firm, and the Becket Fund for Religious Liberty, a prominent nonprofit, public-interest law firm, helped result in this favorable outcome that accommodates the religious beliefs of CBS and fellow Catholic organizations.
About Christian Brothers Services
Founded in 1960 and headquartered in Romeoville, Illinois, Christian Brothers Services is a nonprofit, Catholic organization that administers cooperative programs in the areas of health, retirement, property/casualty, and technology as well as financial, administrative and Catholic school consulting to church congregations, organizations and dioceses internationally.
About Catholic School Management
Founded in 1973, NCEA Financial Consulting Services focused exclusively on finance and development consulting services for Catholic school and diocesan administrators. In 1979 demand for a broader scope of services resulted in the creation of Catholic School Management (CSM). In 2014, Christian Brothers Services acquired CSM's growing operations, making CBS the national leader in consultative guidance for Catholic schools. CSM's team of experts represents more than 500 years of experience in the education field with a focus on strategy, planning and leadership.
About BMT
Founded in 1972 and headquartered in Tarrytown, New York, Brenner, McDonagh & Tortolani, Inc., BMT Management and Financial Consultants was acquired by Christian Brothers Services in 2017. Providing premier consulting services to 280 religious institutes and many sponsored ministries in need of assistance, BMT offers the management of daily operations, including accounting and financial management, benefits eligibility management, human resources, investment consulting and real estate planning and sustainability studies.