Wrote Judge Posner, for the 7th Circuit panel that upheld the district judge's denial of a preliminary injunction. The claim is based on the Religious Freedom Restoration Act, a federal statute, which requires the federal government refrain from substantial burdens on religion unless they are necessary to meet a compelling government interest. Posner finds it hard to see the burden in signing a 2-page form that's mostly "boring boilerplate."
Judge Flaum dissented:
We are judges, not moral philosophers or theologians; this is not a question of legal causation but of religious faith. Notre Dame tells us that Catholic doctrine prohibits the action that the government requires it to take. So long as that belief is sincerely held, I believe we should defer to Notre Dame’s understanding.