Little Sisters of the Poor v. Commonwealth of Pennsylvania
Case Snapshot
Despite a 2016 victory at the U.S. Supreme Court, an Executive Order, and a new rule that protects the Little Sisters of the Poor and other non-profit religious groups from the unconstitutional HHS mandate, the Little Sisters are still in court. In November 2017, after the federal government issued its new rule, Pennsylvania and several other states sued to take away the nuns’ hard-won religious exemption. Becket intervened on behalf of the Little Sisters, and in 2020, the Supreme Court upheld the rule, protecting the Sisters’ right to serve without violating their beliefs.
Status
After losing at the Supreme Court, Pennsylvania kept fighting in the lower courts to take the Little Sisters’ protection away. On August 13, 2025, a federal district court sided with Pennsylvania, issuing a nationwide ruling invalidating the religious conscience rule. The Little Sisters will appeal the ruling to the U.S. Court of Appeals for the Third Circuit.
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Case Summary
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Despite Supreme Court victory and new rule, Little Sisters are still in court
On October 6, 2017, Health & Human Services issued a new rule with an updated, broad religious exemption that finally protected religious non-profits like the Little Sisters of the Poor, a group of Catholic nuns who care for the elderly poor. In its new rule, the government admitted that it broke the law by trying to force the Little Sisters and others to provide services like the week-after-pill in their health plans that violated their religious beliefs. That result should mean that the end is near for the Little Sisters’ lawsuit.
However, following the new mandate announcement, the state of Pennsylvania sued the federal government to take away the Little Sisters’ religious exemption. Pennsylvania admits that it already has and already uses many government programs to provide contraceptives to women who need them. Pennsylvania never challenged the Obama Administration for creating much larger exceptions for secular corporations—exceptions that covered tens of millions more people than the religious exemption. Pennsylvania does not even have its own contraceptive mandate at all. And Pennsylvania’s lawsuit does not identify a single real person who previously had contraceptive coverage but will lose it because of the new Rule.
Despite all this, Pennsylvania asked a judge to order that the Little Sisters must comply with the federal mandate (not a state mandate) or pay tens of millions of dollars in fines.
Becket challenges Pennsylvania’s attempt to take away Little Sisters’ religious rights
In November 2017, Becket intervened on behalf of the Little Sisters of the Poor in California and Pennsylvania. The Pennsylvania court refused to let the Little Sisters intervene in the case, or even argue in court. A week later, the Pennsylvania court temporarily blocked the new rule that gave the Little Sisters a religious exemption. Becket immediately appealed both rulings.
The Third Circuit ruled that the Little Sisters could participate in the lawsuit, but on July 12, 2019, another Third Circuit panel ruled against the Little Sisters. Becket has argued all along that the government has many ways to provide services to women who want them as well as protect the Little Sisters. Neither the federal government nor the state governments need nuns to help them give out contraceptives. On October 1, 2019, the Little Sisters asked the Supreme Court to protect them from the HHS contraceptive mandate again and end their legal battle once and for all. On January 17, 2020 the Supreme Court agreed to review the Third Circuit’s decision. Oral argument took place on May 6, 2020.
Supreme Court protects the Little Sisters, again
On July 8, 2020 the Supreme Court ruled 7-2 in favor of the Little Sisters of the Poor, allowing them to continue serving the elderly poor and dying without threat of millions of dollars in fines. Writing for the Court, Justice Thomas said that “For over 150 years, the Little Sisters have engaged in faithful service and sacrifice, motivated by a religious calling to surrender all for the sake of their brother. . . . But for the past seven years, they—like many other religious objectors who have participated in the litigation and rulemakings leading up to today’s decision— have had to fight for the ability to continue in their noble work without violating their sincerely held religious beliefs.” The Court held that the federal government was right to protect those beliefs.
Pennsylvania continues its bully campaign against the Little Sisters
Despite losing at the Supreme Court, Pennsylvania and more than a dozen state governments kept pushing in the lower courts to strip away the Little Sisters’ protection. On August 13, 2025, in a nationwide ruling against a Trump Administration religious conscience rule, a federal district court in Philadelphia sided with Pennsylvania. The Little Sisters have once again appealed to the Third Circuit.
Importance to religious liberty
- HHS Mandate cases: Winning the HHS mandate cases sets an important precedent, confirming that federal agencies cannot unnecessarily force religious people to violate their beliefs in order to further a government goal.
- Religious communities: Religious communities have the right to organize and operate according to their beliefs without the government discriminating among sincere religious.
- Individual freedom: Religious individuals and organizations are free to follow their faith in all aspects of their lives, including in the workplace and not just in houses of worship.