SALEM, Ore. — A federal appeals court on Friday ruled in favor of Oregon Right to Life in its lawsuit against the state of Oregon. The decision marks a critical moment in Oregon Right to Life’s years-long legal challenge against the state over a law that would force it to include abortion in its insurance plans.
On Friday, October 31, the Ninth Circuit Court of Appeals handed down a 2-1 panel decision in Oregon Right To Life v. Stolfi, ruling in Oregon Right to Life’s favor.
Represented by the Bopp Law Firm, Oregon Right to Life filed its lawsuit in 2023, arguing for an exception to Oregon’s 2017 pro-abortion Reproductive Health Equity Act (RHEA). The RHEA requires virtually all health insurance plans to include abortion and abortifacient birth control. The law includes a limited exception for religious employers, but Oregon Right to Life did not fit into the narrow definition.
In September 2024, Senior United States District Judge Aiken dismissed Oregon Right to Life’s claim, prompting the Bopp Law Firm to file an appeal on ORTL’s behalf with the Ninth Circuit Court of Appeals. The Friday appellate court decision reversed Aiken’s order.
In his opinion, Judge Lawrence VanDyke affirmed the claims made by Oregon Right to Life.
“ORTL is a religiously motivated organization, governed by a board whose members have sincere religious beliefs, and with purposes to ‘be carried out … by means consistent with traditional Judeo-Christian ethics,’” Judge VanDyke wrote. “We therefore REVERSE the district court’s order dismissing ORTL’s complaint for failure to state a claim, VACATE the district court’s order denying ORTL a preliminary injunction, and REMAND this action to the district court for further proceedings consistent with this opinion.”
Oregon Right to Life Executive Director Lois Anderson responded with gratitude to the Ninth Circuit Court’s ruling, expressing optimism for the next step in the legal process.
“I am thrilled and heartened that the Ninth Circuit Court ruled in our favor, recognizing our clear claim to an exception from being forced to finance abortions. I am also deeply grateful for our legal team’s incredible work in getting us to this key victory,” Anderson said. “Of course, it is absurd on its face that Oregon Right to Life – a pro-life organization dedicated to opposing abortion – should be forced to provide insurance for abortions.”
“As our case now heads back to the district court, we look forward to continuing to defend our conscience rights,” she added. “The strength of our arguments, along with the skill and commitment of our legal team, give us good reason to hope for a final ruling that fully affirms our right to an exemption from funding abortion.”
