Federal Court Declares Oregon Abortion Coverage Mandate Unconstitutional in Landmark Win for Oregon Right to Life

WASHINGTON — A federal court ruled against the enforcement of an Oregon law that forced pro-life organizations to provide insurance coverage for abortion. Oregon Right to Life, the Oregon affiliate of National Right to Life, challenged the law in court and the judge determined that the law violates the constitutional rights of Oregon Right to Life.

“This is a tremendous victory not only for Oregon Right to Life, but also for the fundamental freedoms protected by the First Amendment,” said Carol Tobias, president of National Right to Life. “No organization should be forced by the government to pay for or promote abortion. This ruling rightly recognizes that Americans do not surrender their constitutional rights when they operate a nonprofit organization.”

The ruling represents a significant legal win for Oregon Right to Life, affirming that the government cannot compel organizations to facilitate or subsidize practices that contradict their core beliefs.

In a press release, Oregon Right to Life’s lead counsel and general counsel for National Right to Life, James Bopp, Jr. stated, “The First Amendment provides the plain guarantee that a state simply may not play favorites when it comes to religious organizations. It may not favor secular entities over entities with religious views and it may not favor one religious view over another.”

The challenged law, part of Oregon’s 2017 Reproductive Health Equity Act, required insurance providers to cover abortion and contraception without cost-sharing. While the law included a narrow religious exemption, Oregon Right to Life was denied that protection—prompting the lawsuit.

After initially being dismissed, the case was revived by the U.S. Court of Appeals for the Ninth Circuit, leading to this week’s decision in favor of the pro-life organization.

Oregon Right to Life called the mandate “absurd” and emphasized that forcing a pro-life organization to fund abortion coverage was a clear violation of its constitutional rights.

“It was always absurd for Oregon to attempt to force Oregon Right to Life, as a pro-life organization, to fund abortion – the very practice we are dedicated to opposing,” Oregon Right to Life Executive Director Lois Anderson said. 

While the full scope of the ruling is still being finalized, it currently prevents the law from being applied to Oregon Right to Life and may have broader implications for similar mandates across the country.

“We commend Oregon Right to Life for its leadership in defending both the right to life and the freedoms of speech and conscience,” stated Tobias. “This case represents an important step in ensuring that pro-life Americans are not forced to choose between their beliefs and government mandates.”