Posts tagged with: HHS mandate

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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Foxes spoiling vineJoe Carter has done a marvelous job of outlining the details surrounding the Obama administration’s abortion/contraceptive mandate. In a recent cover story for WORLD Magazine, these details are brought to life through a series of snapshots of real businesses and non-profits facing a real choice to either violate their Christian consciences or become economic martyrs.

Thus far, Hobby Lobby has received much of the national spotlight—due in part to their visibility in the marketplace and corresponding outspokenness. In the WORLD article, we begin to see the bigger picture, beginning with Chris and Paul Griesedieck, brothers and owners of American Pulverizer, a small, 105-year-old, family-owned manufacturing company, which could face fines of up to $5 million per year if the owners choose to be guided by Christian principles above economic penalties:

Like Hobby Lobby and other plaintiffs, the Griesediecks filed a lawsuit against HHS. They say the mandate violates the Religious Freedom Restoration Act (a law designed to protect against government infringement of religious freedom) and their First Amendment rights to free exercise of religion. The brothers made a simple argument based on Christian principles: “It would be sinful for us to pay for services that have a significant risk of causing the death of embryonic lives.”

…Frank Manion—an attorney at the American Center for Law and Justice—represents the Griesediecks, and says the federal government is imposing a stark choice on his clients and all Christian employers who oppose the mandate: “Abandon their beliefs in order to stay in business, or abandon their business in order to stay true to their beliefs.”

Abraham Kuyper famously wrote that “there is not a square inch in the whole domain of our human existence over which Christ, who is Sovereign over all, does not cry, ‘Mine!’” This view may seem uncontroversial to some, yet it is increasingly seen by our scrupulous government overlords to be irrelevant to First Amendment protections: (more…)

“The Constitution protects your right to believe and worship, not force your beliefs on others.” That’s a response Acton received via Twitter regarding a blog post on the HHS Mandate. This type of statement is a typical one in our society: you can believe whatever you want, but don’t force your beliefs on anyone else. Religious belief and worship should be a wholly private affair; bringing your beliefs into the public square constitutes “forcing” them onto others.

In the latest issue of Faith and Justice from Alliance Defending Freedom, twelve women talk about what happened when this very scenario happened to them. As nurses working at University of Medicine and Dentistry of New Jersey elective surgery unit, these women were told by their employer that they must assist in elective abortions. Despite an employment clause that said nurses were exempt from this except in emergency situations if they believed abortions were immoral, the hospital stood its ground, and the nurses were told they would lose their jobs. Their union declined to help. A lawsuit was filed on behalf of the nurses. (more…)