PORTLAND – The ACLU of Maine today sent a letter to Maine’s Attorney General urging him not to join a lawsuit challenging an Obama administration rule on contraceptive coverage.

The eight-page letter argues that the pending lawsuit lacks merit and is contrary to the interests of the people of Maine.

On Feb. 10, Attorney General Schneider sent a letter to the Obama administration arguing that the contraceptive coverage requirement was unconstitutional.

“In Maine, insurance companies have been required to cover contraceptives for years,” said Zachary Heiden, Legal Director of the ACLU of Maine.  “Now, women across the country will have access to the same care.  Not only is that constitutional, it is also good public policy.”

The pending litigation, filed by a group of Attorneys General, argues that the contraceptive coverage rule violates the right to religious freedom because some religions oppose the use of contraceptives.  The ACLU of Maine noted in its letter that the courts are not likely to agree.

“There is nothing in this law that requires people to use contraceptives, or that requires clergy to endorse the use of contraceptives,” said Alysia Melnick, Public Policy Counsel of the ACLU of Maine.  “Ultimately, women need to be trusted to make the right decision for themselves.”

As an organization, the ACLU of Maine is committed to defending the constitutional right to free exercise of religion.  That right  is not implicated by this rule.

“Everyone should have freedom of religion, but nobody should be allowed to use religion to discriminate against others,” said Heiden. 

As of Feb. 25, Attorney General Schneider was waiting to decide whether to join the suit on behalf of the people of Maine.