Amicus Brief

BCPI, with the Coalition on Abortion Breast Cancer and Polycarp Research Institute, wrote an Amicus Brief to support Francis Gilardi, et. al, vs. the U.S. Dept. of Health and Human Services challenging the Affordable Care Act’s mandate requiring employers to provide free coverage for contraceptives, abortion-inducing drugs and fertilizations, regardless of their rights to religious freedom.

Read the Bioethics Defense Fund Amicus Brief on behalf of Breast Cancer Prevention Institute, Abortion Breast Cancer Coalition and the Polycarp Research Institute (that was cited by the D.C. Circuit):

Gilardi d/b/a Freshway Foods v. Sebelius, No. 13-5069
(U.S. Court of Appeals for the District Columbia)



The Amicus Brief:

(Filed May 7, 2013) 

The U.S. Court of Appeals for the District of Columbia cited this brief in its decision handed down on November 1, 2013, which recognizes the World Health Organization’s (WHO) designation of certain contraceptive pills as Group 1 Carcinogenic to Humans.



The Decision:

(Decided November 1, 2013)

As stated by Judge Brown in the majority decision:
Equally unconvincing is the government’s assertion that the mandate averts “negative health consequences for both the woman and the developing fetus.” From the outset, we note the science is debatable and may actually undermine the government’s cause. For the potential mother, as one amicus notes, the World Health Organization classifies certain oral contraceptives as carcinogens, marked by an increased risk for breast, cervical, and liver cancer by the Breast Cancer Prevention Institute, at pages 8–10.

 See page 27 of the Full Decision


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