Posts tagged with: HHS mandate

contraceptive-mandateThe Supreme Court has agreed to hear a pair of cases that challenge the HHS mandate requiring many private companies to insure contraceptive and abortifacients. The Obama administration asked the high court to review the issue after a federal appeals court in Colorado found in favor of Hobby Lobby, an Oklahoma-based crafts franchise. The court will combine the Hobby Lobby case with lesser-known case involving Conestoga, a Pennsylvania company that lost earlier bids for relief from the mandate.

If you haven’t been following the controversy, here’s what you need to know about the mandate:

What is this contraception mandate everyone keeps talking about?

As part of the universal health insurance reform passed in 2010 (often referred to as “Obamacare”), all group health plans must now provide—at no cost to the recipient—certain “preventive services.” The list of services includes sterilization, contraceptives, and abortifacient drugs.

If this mandate is from 2010, why are we talking about it in 2013?

On January 20, 2012, the Obama Administration announced that that it would not expand the exemption for this mandate to include religious schools, colleges, hospitals, and charitable service organizations. Instead, the Administration merely extended the deadline for religious groups who do not already fall within the existing narrow exemption so that they will have one more year to comply or drop health care insurance coverage for their employees altogether and incur a hefty fine

Is there a religious exemption from the mandate? If so, who qualifies for the exemption?
(more…)

usccb 2The United States Conference of Catholic Bishops (USCCB) has issued a “special letter” regarding the Obama administration’s HHS mandate. The USCCB, meeting this month in Baltimore, passed the letter unanimously.

Calling the HHS mandate “coercive,” the bishops state that they have tried to work with the current administration, to no avail.

Beginning in March 2012, in United for Religious Freedom, we identified three basic problems with the HHS mandate: it establishes a false architecture of religious liberty that excludes our ministries and so reduces freedom of religion to freedom of worship; it compels our ministries to participate in providing employees with abortifacient drugs and devices, sterilization, and contraception, which violates our deeply-held beliefs; and it compels our faithful people in business to act against our teachings, failing to provide them any exemption at all. (more…)

The Thomas More Society stated today in a press release that they are working with Catholic Vote Defense League in a fight to seek “constitutional protection of religious freedom.” Specifically, they have filed a cert petition with the Supreme Court for the case, Autocam Vs. Sebelius. They are petitioning

the U.S. Supreme Court to review and reverse the Sixth Circuit U.S. Court of Appeals’ recent decision, denying the claims of Autocam, an international automotive manufacturer, and its owners, that Obamacare’s so-called “HHS mandate” abridges their federal constitutional and statutory rights to the free exercise of their religious faith as well as other  legal rights. John Kennedy, CEO of Michigan-based family-owned company, Autocam, joined the company as well as its other family owners to urge the Justices to rule that the government has no right to require that Autocam purchase group insurance coverage, providing its employees with morally objectionable contraceptives, including abortifacients (e.g., the so-called abortion pill, Plan B, and “Ella”), and sterilization.

See the press release here. The official petition to the Supreme Court states that  “The Religious Freedom Restoration Act cannot mean one thing in one part of the United States and something entirely different in another. This Court’s attention is required to sort out the important legal questions HHS Mandate under RFRA.”

Read the case here. See recent posts about Autocam and their case on the Powerblog.

2013-10-08T232005Z_1_CBRE9971STM00_RTROPTP_3_USA-FISCAL“Will the most fundamental liberty of all – freedom of conscience – survive in post-Obama America?” asks Terry Jeffrey at Townhall.com. He, along with many others,  is worried about the Obama Administration’s refusal to allow faithful Christians to live according to their conscience. He is particularly concerned about the Kennedy family, owners of Autocam, based in Kentwood, Mich. Last month, the U.S. Court of Appeals for the 6th Circuit ruled that the Kennedys may not sue the director of the Health and Human Services Department, Kathleen Sebelius, because “Autocam is not a ‘person’ capable of ‘religious exercise.’” President of Autocam and Autocam Medical and an Acton board member, John Kennedy told Jeffrey that he and his family “strive to live all parts of their lives – including their business lives – in keeping with their Catholic faith.” He said that:

We’re called into different occupations, but we are supposed to respond to that call and try to basically show the teachings of Jesus Christ in everything we do… You have an obligation to treat everyone justly, and, in my mind, you are supposed to treat all people that you come across in life as part of your family.

Jeffrey discussed the HHS Mandate with Kennedy:

When I interviewed John Kennedy this week, I asked him: “Can your family-owned company, in keeping with the way you have run it in accordance with your Catholic faith, obey that regulation?”

“No,” said Kennedy. “I can’t see how we can do that.” (more…)

Autocam, a West Michigan business owned by John Kennedy and his family, filed suit against the federal government in October, 2012. The suit is one of over 200 plaintiffs battling the HHS mandate requiring employers to cover costs for abortions and abortifacients in employee health insurance. Now, the Thomas More Society is petitioning the U.S. Supreme Court to hear Autocam’s case after the United States Court of Appeals for the Sixth Circuit dismissed the case brought by the Kennedy family and Autocam Corporation. A press release from the Thomas More Society stated:

We mean to take this case directly up to the U.S. Supreme Court, as the U.S. Courts of Appeal are now sharply divided on these critical issues,” said Tom Brejcha, president and chief counsel of the Thomas More Society, the national public interest law firm representing the plaintiffs in the lawsuit along with CatholicVote Legal Defense Fund. “The Religious Freedom Restoration Act was enacted in order to protect people of faith against government mandates that impose a substantial burden on believers’ efforts to freely exercise their religious convictions, unless the government has really compelling reasons for doing so, and even then only if the means used are the least restrictive and burdensome among possible alternatives. We hope the Supreme Court will agree to hear this case so that the Kennedys and other business owners who practice as well as profess their religious faith can keep on doing so without having to ‘bet the company’ and thereby risk their employees’ jobs as well as their own livelihood.”

(more…)

Blog author: ehilton
posted by on Wednesday, August 14, 2013

james madisonWhat do vegans, Catholics, and Starbucks have in common? According to attorney Mark Rienzi they all share the right to “decisions of conscience.”

Starbucks has ethical standards for the coffee beans it buys. Vegan stores refuse to sell animal products because they believe doing so is immoral. Some businesses refuse to invest in sweatshops or pornography companies or polluters,” Rienzi said in an Aug. 11 opinion essay for USA Today.

“You can agree or disagree with the decisions of these businesses, but they are manifestly acts of conscience, both for the companies and the people who operate them,” he said. “Our society is better because people and organizations remain free to have other values while earning a living.”
(more…)

Ever since the Department of Health and Human Services (HHS) announced that requiring most employers to cover birth control, abortificients and abortions as part of employee health care coverage, there has been a firestorm of attention pill in handfocused on the mandate. Both secular and religious employers have fought the order, stating that it violates their moral and/or religious principles to pay for these things, which many do not believe fall into the category of “health care.” (See Acton PowerBlog posts here, here, and here.)

Today, August 1, was the date the mandate was to go into effect. However, HHS has given a “stay” for religious non-profits until January 2014. That isn’t good enough for the group “Women Speak For Themselves” (WSFT), founded by Helen Alvaré, Professor of Law at George Mason University. In today’s Washington Post, Alvaré and Meg T. McDonnell give 5 reasons why women care about this mandate. She says, in the words of one of the organization’s members that these women “don’t want anyone buying the phony message the government is selling…that ‘women care more about free birth control than freedom of religion.’” WSFT backed up their convictions by protesting today in Lafayette Park across from the White House. (more…)

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.

National Catholic Reporter writer Michael Sean Winters has a message for the United States Catholic Bishops: become complicit with evil or toll the death knell for the Church in the U.S. Unlike the Amish, who choose to live in a manner ny rallyoutside of modern culture, Winters exhorts the bishops to not only engage the world, but realize that being part of evil is simply part and parcel of that engagement:

I bring up the Amish for a reason. They are lovely people and their commitment to living a Christ-like life challenges us all. But their model is not our Catholic tradition. We do not shut out the world; we engage it. And it seems to me that the approach of many bishops in recent years has been to mimic the Amish, to construct walls around a ‘faithful remnant’ of Catholics, close the doors in the face of those who evidence ambivalence, and denounce the culture for its moral turpitude. Setting aside the fact that those denunciations tend to be ideologically one-sided, this dour, pessimistic, denunciatory stance toward the culture is a death sentence for the church…

(more…)

The Separation Of Church And State“What right do they have to do this, to take away our freedoms?” Mary Anne Yep, co-founder and vice president of Triune Health Group in Chicago, recently asked of the  Obama administration regarding the HHS Mandate. On Monday when the official comment period closed, thousands of individuals swamped the Department of Health and Human Services with concerns about the HHS Mandate and the effect it would have on religious liberty in the United States. The Heritage Foundation recently posted an update about HHS and the people against it:

After more than a year of public outrage, over 50 lawsuits against the anti-conscience mandate, and a federal judge’s demand that HHS fix its coercive mandate, the Administration published a “notice of proposed rule making” (NPRM) on February 6. That proposed rule neither changes the underlying mandate finalized in law and currently in effect nor provides any workable or adequate solutions to the mandate’s trampling on religious liberty.

Several organizations have published statements on the NPRM and HHS Mandate in general.  Archbishop William Lori of Baltimore, chairman of the Catholic bishops’ Ad Hoc Committee for Religious Liberty released a statement on Monday regarding the mandate: (more…)