(Oregon Right to Life) — A federal court this week handed Oregon Right to Life (ORTL) a major victory, deciding in ORTL’s favor in a years-long lawsuit against an Oregon law mandating abortion coverage in employer insurance plans.
Oregon U.S. District Court Judge Mustafa T. Kasubhai delivered his decision in favor of Oregon Right to Life on Tuesday.
“Immediately after counsel’s presentation of oral arguments on Tuesday, the judge announced from the bench that he was going to rule in ORTL’s favor that the Abortion Mandate is unconstitutional because it violates ORTL’s religious freedom under the First Amendment,” the Bopp Law Firm, which represents Oregon Right to Life in its lawsuit, said in a Wednesday press release. A written opinion is expected in the coming weeks.
The federal court’s decision follows a lengthy legal struggle between Oregon Right to Life and the state of Oregon.
ORTL filed its lawsuit in 2023, challenging Oregon’s 2017 “Reproductive Health Equity Act” (RHEA). In September of 2025, Senior U.S. District Judge Ann Aiken dismissed the challenge, prompting an appeal to the Ninth Circuit Court. In November, the Ninth Circuit reversed Aiken’s order, remanding the case back to the district court, where Judge Kasubhai sided with ORTL this week.
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The Oregon law in question (RHEA) requires virtually all employer health insurance plans to include abortion. The state provided both secular exceptions and exceptions for other religious organizations, but refused to accept Oregon Right to Life’s religious objection.
“Such a statutory scheme infringes on bedrock First Amendment protections,” the Bopp Law Firm explained in its press release. “When the government gives a pass to some based on secular criteria, the Constitution prohibits it from requiring others to act in violation of their sincere religious beliefs.”
In recent arguments, ORTL has highlighted the U.S. Supreme Court’s 2025 decision in Catholic Charities Bureau, Inc. v. Wisconsin Labor and Industry Review Commission, which found in favor of Catholic Charities’ First Amendment rights against a very similar Wisconsin law.
“The First Amendment provides the plain guarantee that a state simply may not play favorites when it comes to religious organizations,” James Bopp, Jr., lead counsel for ORTL, said in his firm’s press release. “It may not favor secular entities over entities with religious views and it may not favor one religious view over another.”
“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. “Yesterday, the federal court agreed.”
“This is a win for Oregon Right to Life, but more than that, it is a victory for all pro-life Oregonians,” Anderson said.
Oregon’s pro-abortion Governor Tina Kotek and Attorney General Dan Rayfield have issued statements decrying the federal court’s ruling and suggesting they may attempt to fight the decision.
In Tuesday evening comments to KPTV, a Fox affiliate in Portland, Anderson said the ruling should also apply to organizations beyond Oregon Right to Life.
“Deeply held beliefs about abortion should be respected,” she said. “Other organizations that have the same values should also be able to provide health benefits to their employees that reflect their values.”
