“The court's decision in this case should, consistent with the scientific data, ensure this proper distinction between contraceptives and abortifacients,” the brief said.
Although the drugs can work by blocking ovulation, federal law specifies the emergency contraceptives can also sometimes work by preventing a fertilized egg from implanting into the womb, said Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, which is representing Hobby Lobby in its court case.
“This brief completely leaves out what the Green family believes happens at conception,” Duncan said. “The Greens believe that the use of these drugs involves killing a human life.”
Groups that joined in the brief include: The Association of Reproductive Health Professionals, which acts as the educational arm of Planned Parenthood; Physicians for Reproductive Health; the American Society of Reproductive Medicine; Society of Adolescent Health and Medicine; American Medical Women's Association and the National Association of Nurse Practitioners in Women's Health.
The company's lawsuit against the U.S. Department of Health and Human Services is pending at the 10th U.S. Circuit Court of Appeals in Denver.
Hobby Lobby has said it faces fines of up to $1.3 million a day for failing to comply with the health care law if it loses its lawsuit.