Posts tagged with: contraceptive mandate

Blog author: jcarter
posted by on Thursday, January 2, 2014

contraceptive-mandateAs 2013 was coming to a close, federal courts issued rulings on three injunctions sought by religious non-profits challenging the Affordable Care Act contraceptive coverage mandate rules:

• Preliminary injunctions had been awarded in 18 of the 20 similar cases, but the 10th Circuit denied relief to the Little Sisters of the Poor, a group of Catholic nuns from Colorado. However, late in the evening on December 31, Supreme Court Justice Sotomayor issued a temporary injunction blocking enforcement, and ordered a response by the federal government by 10:00 am on Friday. Justice Sotomayor’s order applies to the nuns, the Little Sisters of the Poor, and other Catholic nonprofit groups that use the same health plan, known as the Christian Brothers Employee Benefit Trust.

• Earlier in December an Indiana federal district court rejected Notre Dame’s claim in University of Notre Dame v. Sebelius that its rights under Religious Freedom Restoration Act and the 1st Amendment are infringed by applying the accommodation in the final rules to its self-insured employee plan and its health insurance policies offered to students. On December 31, the 7th Circuit denied Notre Dame’s emergency motion for an injunction pending appeal, but ordered expedited briefing and oral argument.

• In Priests for Life v. U.S. Department of Heath and Human Services, the D.C. federal district ruled on December 19th that no substantial burden was placed on a pro-life group’s free exercise by requiring it to complete the self-certification form to opt into the accommodation for religious non-profits. But on December 31 the D.C. Circuit granted emergency motions for injunctions pending appeal filed by Priests for Life and by the various plaintiffs in the Catholic Archbishop of Washington case. The court also ordered the two cases consolidated for appeal.

contraceptive-mandateThe delivery trucks of Ohio-based Freshway Foods bear signs stating, “It’s not a choice, it’s a child,” as a way to publicly promote the owners’ pro-life views to the public. It wasn’t too surprising, then, that the company and it’s owners, Francis and Philip Gilardi, would be opposed to the Obamacare’s requirement that the health coverage for their nearly 400 full-time workers include abortifacients.

The American Center for Law and Justice helped the Gilardi’s challenge the mandate, arguing that the mandate violated their religious liberties. Today, the D.C. Circuit Court agreed and handed down a ruling that the requirement “trammels” the expression of religious freedom. In the majority opinion the judges ask, “What exactly is the government trying to ameliorate?”
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