Posts tagged with: HHS mandate

Would Thomas Jefferson have anything to say about Americans suing the government in order to defend their first amendment rights? Kathryn Hickok, of the Cascade Policy Institute in Portland, Ore., thinks so. She wondered what Jefferson may have said to the Little Sisters of the Poor’s about their ongoing legal battle with the Obama Administration. In 2012, the Department of Health and Human Services required employers to cover contraceptives and abortifacients or pay costly fines. Although this mandate does have exemptions for some, that does not include the Little Sisters of the Poor. For more background, see PowerBlog articles on both the HHS Mandate and the Little Sisters’ lawsuit.

In 1804, a nun from New Orleans was concerned that, after the Louisiana purchase, the government may interfere with her religious community’s ministries or might even seize their property. Jefferson assured her:

I have received, holy sisters, the letter you have written me wherein you express anxiety for the property vested in your institution….The principles of the constitution and government of the United States are a guarantee to you that it will be preserved to you, sacred and inviolate, and that your institution will be permitted to govern itself according to its own voluntary rules, without interference from the civil authority.

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LittleSistersofthePoorIt seems such a subtle distinction: “freedom to worship” as opposed to “religious freedom.” The phrase, “freedom to worship,” started appearing in 2010, and in 2013, President Obama made the following remarks in his address for the annual Proclamation for Religious Freedom Day:

Foremost among the rights Americans hold sacred is the freedom to worship as we choose.” He then refers to the history of this right. “Because of this protection by our Constitution, each of us has the right to practice our faith openly and as we choose.”

It seems as if the president is equating the two, doesn’t it? But Sarah Torre says there are not the same, and equating the two is dangerous. In fact, it’s a lie. (more…)

scarjoDespite my esteemed background in high school drama (I starred in several productions), I don’t critique acting, except over the water cooler. I don’t have a clue what it takes to make a movie, let alone make a movie well. I assume Scarlett Johansson does, as she’s made a number of them. But clearly, Ms. Johansson doesn’t do so well with logic.

Ms. Johansson has designed t-shirts for Planned Parenthood. The hot pink t’s feature a cartoon male on the front, along with “Hey Politicians! The 1950s called…”; the back reads, “They want their sexism back!” Ms. Johansson stated her reason for wanting to be part of this project:

When I heard that some politicians were cheering the Supreme Court’s decision to give bosses the right to interfere in our access to birth control, I thought I had woken up in another decade,” explained Johansson in a statement.

“Like many of my friends, I was appalled by the thought of men taking away women’s ability to make our own personal health care decisions,” she added.

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autocamA few weeks ago, Hobby Lobby made waves when the U.S. Supreme Court ruled in favor of the arts and crafts chain in its lawsuit against the Health and Human Services Contraception Mandate. West Michigan manufacturer, Autocam, has been engaged in a similar legal fight. John Kennedy, owner of Autocam, stated that his and his family’s Roman Catholic faith “is integral to Autocam’s corporate culture” and the Affordable Care Act’s requirement to provide contraceptives and abortifacients was a violation of their beliefs.

Late last year, the Sixth Circuit U.S. Court of Appeals denied Autocam’s lawsuit against the HHS department. The company’s claim was denied on the grounds that, according to that court, engaging in for profit business is  separate from any religious beliefs of owners.

On Monday August 4, The Supreme Court officially reversed the decision from the Sixth Circuit. Tom Ciesielka from the Thomas More Society, who represents the company, gave a statement:

Today, the United States Supreme Court officially vacated the 6th Circuit’s decision that denied Autocam Corporation and its owners, protection against governmental violation of Constitutionally protected religious freedoms. The case has now been sent back to the lower court, following the decision in the Hobby Lobby case, argued on comparable merit. (more…)

Supreme Court Hears Arguments In Case Challenging Affordable Care ActArchbishop William Lori of Baltimore and Cardinal Sean O’Malley, Archbishop of Boston, are asking the Catholic faithful and others to reach out to their senators in response to a piece of legislation known as “Protect Women’s Health From Corporate Interference Act of 2014” (S. 2578.) Lori is the chairman for the United State’s Conference of Catholic Bishops’ (USCCB) Committee for Religious Liberty, and O’Malley serves as chair for the USCCB’s Committee on Pro-Life Activities.

According to the letter on the USCCB website, the legislation is an attempt to reduce religious freedom, and puts health coverage above one of America’s most cherished freedoms. The bishops list several concerns:

    • This new legislation “appears to override  ‘any other provision of Federal law’ that protects religious freedom or rights of conscience regarding health coverage mandates.”
    • This bill would “rollback” not only federally-protected conscience clauses regarding artificial birth control “but to any ‘specific health care item or service’ that is mandated by any federal law or regulation.” In the future, if the executive branch decides to add late-term abortions (for example) to mandated health care coverage, employers would have no recourse.
    • This bill applies to all employers, not simply for-profit employers.
    • The bill would extend its reach past employees, to their dependents. For instance, a teen girl may wish to have an abortion over her parent’s objection, and the parent’s health care package would have to pay for it. The daughter would be federally-entitled to the abortion coverage.
    • The bishops believe this type of legislation will lead to employers dropping health care coverage for employees all together.

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    dirty100pic-300x300There is a company in the U.S. that those who want businesses to be more socially-conscious should love. The company starts employees out at $15/hour, far higher than the minimum wage. Raises have been given throughout even the harshest of economic downturn. Employees always get Sundays off.

    There’s another group that could easily be called socially-conscious. These folks take care of the neediest elderly people, any race or religion, regardless of their insurance status or ability to pay.

    Despite the business practices and mission of both these groups, they are on the list of the “Dirty 100” – a list created by the National Organization of Women (NOW) to delineate organizations suing the Obama administration regarding the HHS mandate. Hobby Lobby, the Little Sisters of the Poor and others on the list are considered “dirty” because they do not want their religious freedom impinged upon. Here’s how NOW sees it:

    The two plaintiff corporations in Hobby Lobby [and Conestoga Woods] want the “freedom” to deny important health care services to thousands of women who work for them – whether or not they share their bosses’ religious faith or agree with their views on contraception. The plaintiffs, in other words, seek to extend their power as employers to include power over their employees’ medical decision- making. But the case also reflects a power struggle between government and corporate power, twisting the First Amendment’s religious freedom guarantee into a club that enables a private business to act in ways that elected governments cannot limit or deny.

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    Acton Institute President and Co-Founder Rev. Robert A. Sirico had a busy media day yesterday in the wake of the release of the Supreme Court’s decision in the Hobby Lobby vs. Sebelius case. using the audio player below, you can listen to an interview with Rev. Sirico on The Michael Berry Show on Houston’s 740 AM KTRH radio where the impact of the decision is examined. Additionally, beyond the jump I’ve embedded Rev. Sirico’s appearance on Bloomberg TV’s Street Smart with Trish Regan, where he participated on a panel discussing the decision.

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    Church vs. StateIf you thought the Obama Administration had taken its final swipe at religious liberty with the HHS mandate, think again. At Catholic Vote, John Shimek tells us that there is a new attack on American’s religious liberty, and it won’t affect just Catholics.

    According to Shimek, the social media website Buzzfeed announced that the White House is drafting an executive order that will bar federal contractors from discriminating against anyone based on gender identity and/or sexual orientation.

    President Obama is moving on the issue a week after talking about the important role that administrative action can play in advancing LGBT rights.

    At a question-and-answer session at the White House last week, Obama spoke about how transgender students can now “assert their rights” following recent Education Department action laying out an expanded view of sex discrimination protections under Title IX.

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    Acton On The AirActon Institute Director of Research Samuel Gregg joins hosts John Hall and Kathy Emmons on It’s The Ride Home on Pittsburgh’s 101.5 FM WORD to discuss President Obama’s scheduled visit this week in Rome with Pope Francis. Gregg notes the differences in worldview between Francis and Obama, and contrasts the likely relationship between the current pope and president with the more well-known relationship between an earlier pope and president, John Paul II and Reagan. You can listen to the interview using the audio player below.

    TVliesOver at The Federalist, Gabriel Malor runs down some interesting “illusions” (okay, he calls them lies) regarding the HHS mandate and the Supreme Court. Here’s a quick run-down:

        1. The HHS mandate is all about women’s rights. Nope: women don’t lose a thing if Hobby Lobby et al. win. What will happen if Hobby Lobby and others like them win their case is that women who do not wish to pay for others’ birth control and/or abortions will not be forced to do so.
        2. The HHS mandate is about gay rights. Admittedly, this one was new to me. However, there are some who are saying that if business owners don’t have to pay for birth control, they can turn away gay customers as well, or as Malor puts it, if the government loses, it will “unleash an apocalypse of discrimination heretofore avoided.” No; every time there is a possible violation of religious freedom, our court system must weigh each case individually.
        3. These contraception cases are all about for-profit companies. Big business, bad business, you know. These companies, who are already pocketing millions, are looking for special treatment. However, there is no mention of the corporate form in the First Amendment. It neither includes nor precludes it.
        4. Corporations cannot exercise freedom of religion. People can (hopefully) but businesses can’t. This would be news to every Catholic diocese in the United States, as they all operate under corporate form.
        5. We can’t allow dangerous new rights for corporations/businesses. Um, since when has the federal government been allowed to tell business owners what types of insurance they have to provide? Oh, yeah…now.
        6. Our government has a compelling interest in forcing businesses to provide birth control. Legally, that is what the government has to prove. Of course, this is “bunk,” according to Malor, especially since Kathleen Sebelius has already granted 190 million exemptions. How can the government prove then a compelling interest?

    Read “Six Lies The Leftist Media Tells About The Contraception Mandate Cases” at The Federalist.