A federal judge in Oregon ruled Tuesday that a state law requiring insurance plans to cover abortions and contraception violates the Constitutional rights of Oregon Right to Life.
The full scope of U.S. District Court Judge Mustafa Kasubhai’s ruling won’t be known until next week at the earliest, though his temporary ruling represents a win for the anti-abortion nonprofit.
In his decision Tuesday, Kasubhai said he would later issue a written opinion. He also asked attorneys for the nonprofit and the state’s Department of Justice to address the “specific relief requested” by the end of this week.
For now, Kasubhai’s decision appears to mean the Reproductive Health Equity Act, passed by Oregon lawmakers in 2017, can’t apply to Oregon Right to Life.
The law mandates all health insurance companies “not impose on an enrollee a deductible, coinsurance, copayment or any other cost-sharing requirement” on contraceptives and abortions, as well as other health care such as screenings for sexually-transmitted infections.
The law allows employers an exemption to not cover abortions and contraceptives if it violates their religious beliefs. The Keizer-based nonprofit sued in 2023, saying while Oregon Right to Life did not qualify for the religious exemption under the law, it should be allowed one, and argued the law violated its First Amendment rights.
The group’s lawsuit was dismissed in 2024, after a different federal judge found the group was “not affiliated with any religious practice or institution and does not have any religious requirement for being an employee or director,” and therefore did not qualify.
That ruling was reversed by the U.S. Court of Appeals for the Ninth Circuit last fall.
“At this time, we do believe the impact is limited, as this ruling addresses a specific religious exemption claim brought by one organization,” Oregon Attorney General Dan Rayfield said in a statement Tuesday.
Neither attorneys nor staff for Oregon Right to Life immediately return OPB’s request for an interview or comment.
Planned Parenthood Action Oregon expressed deep disappointment, saying the state law provides basic, essential health care.
Executive director Christopher Coburn warned in a statement the ruling has the potential to create barriers, but also added their health care facilities remain open and abortion is still legal in Oregon.
“At its core, this decision is about whether people can actually use their health insurance to get the care they need,” Coburn said. “Stripping away coverage doesn’t eliminate the need for care; it just puts it further out of reach for too many people.”
Oregon Democrats also expressed alarm, arguing that employers or insurers denying health care isn’t religious expression or about free speech.
“At a time when reproductive rights are under attack across the country, Oregon has been a leader and a safe harbor. We are not going to back down now,” Oregon Gov. Tina Kotek said in a statement.
She also noted that “the law is still in effect, and the judge has not issued any injunction barring the State from applying or enforcing this ruling.”
This is a developing story and may be updated.
