Posts tagged with: HHS mandate

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.”

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Blog author: ehilton
Wednesday, August 14, 2013
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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.”
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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…

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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…)

Has there ever, in the history of America, been a presidential administration as dismissive of religious liberties as the Obama Administration?

contraceptive-mandateThe Administration seems to truly believe that when religious beliefs come into conflict with one of the President’s pet policies—such as employers being forced to pay for contraceptives and abortifacients—that religious liberties must be set aside. A prime example is the Administration’s idea that by forming a business entity intended to limit liability, a person loses their First Amendment right to the free exercise of religion.

As CNSNews reports, during an oral argument in the U.S. District Court for the District of Columbia last fall, a lawyer for the U.S. Justice Department told a federal judge that the Obama administration believed it could force the judge’s own wife—a physician—to act against her religious faith in the conduct of her medical practice.

Here is the exchange, from the official court transcript, between this Obama administration lawyer and Judge Walton:
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Archbishop William Lori of Baltimore, writing on behalf of the United States Conference of Catholic Bishops (USCCB), is reaching out to members of Congress regarding religious liberty and the HHS Mandate. In a sharply-worded letter, he reminds members of Congress that there is a clear history of protecting the rights of those with religious and/or moral objections to paying for services such as abortion. He then goes on to address the so-called “war on women”:

It can hardly be said that all these Presidents and Congresses, of both parties, had been waging a war on women. I have seen no evidence that such laws, showing respect for Americans’ conscientious beliefs, have done any harm to women or to their advancement in society. What seems to be at issue instead is a new, more grudging attitude in recent years toward citizens whose faith or moral principles are not in accord with the views of the current governing power. And while the mandate for coverage of abortion-causing drugs, contraceptives and sterilization is hailed by some as a victory for women’s freedom, it permits no free choice by a female employee to decline such coverage for herself or her minor children, even if it violates her moral and religious convictions.

Archbishop Lori concludes on this note: “I fear that the federal government’s respect for believers and people of conscience no longer measures up to the treatment Americans have a right to expect from their elected representatives.”

You can read Archbishop Lori’s entire letter here.

Rev. Robert Sirico appeared on the February 8 edition of “The Blaze” to discuss the revisions to the HHS mandate announced by the White House on January 20.

The following video features a brief part of Rev. Sirico’s contribution to the show. You may see the entire piece by going to The Blaze TV website and signing up for a free 14-day trial.

According to the Becket Fund, there are currently 44 active cases against the Obama administration’s HHS mandate requiring employers to include abortion, sterilization and abortifacients as “health care”. There have been 14 for-profit companies that have filed suit; 11 of those have received temporary injunctions against implementing the mandate.

Hobby Lobby‘s case was denied (as were Autocam‘s and Conestoga Wood Specialties‘.) Hobby Lobby has filed an appeal:

“Hobby Lobby will continue their appeal before the Tenth Circuit,” said Kyle Duncan, general counsel for The Becket Fund for Religious Liberty, representing Hobby Lobby in the case. “The Supreme Court merely decided not to get involved in the case at this time. It left open the possibility of review after their appeal is completed in the Tenth Circuit.”

Duncan said Hobby Lobby will continue to provide health insurance to all qualified employees.

However, to remain true to their faith, Duncan added, “it is not their intention, as a company, to pay for abortion-inducing drugs.

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