Posts tagged with: Court of Appeals

On Tuesday June 11, Autocam Corporation went before the U.S. Court of Appeals 6th Circuit Court in Cincinnati to argue against the enforcement of the Health and Human Services birth control mandate. President and CEO of Autocam and Autocam Medical, John Kennedy, says that “the law forces some employers to participate in what they believe is intrinsic evil.” But his request for an injunction had been denied by the US District Court for the Western District of Michigan.

A spokesperson from the Thomas More Society, which is representing Autocam and several other companies in the fight for religious liberty, said that their argument went well, but there is no telling how the court will rule or when they will make a decision. If the court affirms the denial of the injunction, Autocam and the Thomas More Society will seek review from the Supreme Court.

For previous PowerBlog coverage of this story, see here and here.

For more information about the various organizations in litigation, visit the Becket Fund’s Central Information page.

Blog author: sstanley
posted by on Thursday, May 16, 2013

Denied: The Romeike family, pictured here in front of Cincinnati courthouse, fled Germany in order to continue homeschooling their children and were denied asylum in the U.S. todayOn Tuesday, the 6th Circuit Court of Appeals said that Uwe and Hannelore Romeike along with their children were not persecuted by the German government and will not be granted asylum in the United States.

According to the Religion News Service, the Romeikes wanted to home school their children, fearing public education would discourage “Christian values.” The German government levied thousands of dollars of fines on the family and threatened to take away their children. The Romeikes fled Germany and moved to the United States in 2008, hoping they would be free to home school their children, but this did not turn out to be the case.

The UK’s Daily Mail states that an immigration judge granted the family asylum back in 2010, but the Board of Immigration Appeals overturned the ruling in 2012 bringing the Romeikes to the 6th Circuit Court of Appeals. The court ruled “that U.S. immigration laws do not grant a safe haven to people everywhere who face restrictions that would be prohibited under the Constitution.” According to a press release from the Home School Legal Defense Association (HSLDA):

The court said that the Romeikes had not made a sufficient case and that the United States has not opened its doors to every victim of unfair treatment. Although the court acknowledged that the U.S. Constitution recognizes the rights of parents to direct the education and upbringing of their children, it refused to concede that the harsh treatment of religiously and philosophically motivated homeschoolers in Germany amounts to persecution within our laws on asylum.

The Romeikes and the HSLDA plan to appeal to the Supreme Court. Back in February, Joe Carter profiled the Romeikes and their fight for religious freedom on the Powerblog.

 

 

Blog author: jcarter
posted by on Thursday, March 21, 2013

The morticians wanted the monks shut down—or even thrown in jail—for the crime the Benedictines were committing.

Casket-making MonksUntil 2005, the monks of St. Joseph Abbey in St. Benedict, Louisiana had relied on harvesting timber for income. But when Hurricane Katrina destroyed their pine forest they had to find new sources of revenue to fund the 124-year-old abbey. For over 100 years, the monks had been making simple, handcrafted, monastic caskets so they decided to try to sell them to the public.

According to the Wall Street Journal, after a local Catholic newspaper publicized the effort in 2007, local funeral directors got the Louisiana State Board of Embalmers and Funeral Directors—of which eight of the nine members are funeral industry professionals—to serve the abbey with a cease-and-desist order. Louisiana law makes it a crime for anyone but a licensed parlor to sell “funeral merchandise.” Violating the statute could land the monks in jail for up to 180 days.

Since the sole purpose of the “casket cartel” law is to protect the economic interest of the funeral industry, the Institute for Justice filed a federal lawsuit on behalf of the monastery claiming the legislation restricts “the right to earn an honest living just to enrich government-licensed funeral directors.”

Yesterday, the 5th U.S. Circuit Court of Appeals issued a unanimous final decision in favor of the casket-making monk, setting up what could become a historic clash at the U.S. Supreme Court. The Court of Appeals rejected Louisiana’s argument that it was constitutional to enact a law forbidding anyone but a government-licensed funeral director from selling caskets, especially if the only purpose of the law is to make funeral directors wealthier by limiting competition. In other words, the Court didn’t buy the State’s argument that crony capitalism is constitutionally protected.

Unfortunately, this latest ruling doesn’t solve the issue. As the Institute for Justice explains,
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