Posts tagged with: The Becket Fund for Religious Liberty

Notre_Dame_signEarlier today the Supreme Court threw out an appeals court decision that went against the University of Notre Dame over its religious objections to the Obamacare health law’s contraception requirement.

Last summer the high court ruled that Hobby Lobby Stores Ltd could, on religious grounds, seek exemptions from the contraception provision. Because this case, Notre Dame v. Burwell, was the only appeals court decision on the issue that pre-dated that ruling, the Supreme Court sent it back to the Seventh Circuit Court of Appeals to reconsider its decision ruling in light of the Hobby Lobby ruling.

Until now, Notre Dame was the only nonprofit religious ministry in the nation without protection from the HHS mandate. According to the Becket Fund for Religious Liberty, the federal government has relied heavily on the decision against Notre Dame in courts around the country, arguing that it should be able to impose similar burdens on religious ministries like the Little Sisters of the Poor.

“This is a major blow to the federal government’s contraception mandate. For the past year, the Notre Dame decision has been the centerpiece of the government’s effort to force religious ministries to violate their beliefs or pay fines to the IRS,” said Mark Rienzi, Senior Counsel of the Becket Fund, which filed an amicus brief in the case. “As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. The government fought hard to prevent this GVR, but the Supreme Court rejected their arguments.”



In a new video from the Becket Fund for Religious Liberty, the Green Family, owners of the embattled retail chain, Hobby Lobby, discusses the religious foundation of their business and the threat the federal government now poses to those who share their beliefs.

“What’s at stake here is whether you’re able to keep your religious freedom when you open a family business,” says Lori Windham, Senior Council at The Becket Fund, “whether you can continue to live out your faith in the way that you live every aspect of your life.” (more…)

little sistersMona Charen, writing for National Review Online, notes that the image-conscious Obama Administration has not been very careful about choosing it foes in the HHS mandate fight. Wanna pick a fight? How about some Catholic sisters?

The Little Sisters of the Poor is a Catholic charity providing care to the poorest elderly in a hospice-like setting. They serve 13,000 people in 31 countries, and operate 30 homes in the United States. Their faith calls them to treat every person, no matter how old, disabled, or poor, as if he or she were “Jesus himself.” There is no religious test for admission, only that you be poor and in need of care at the end of life. Think thousands of Mother Teresas.


hosp3-e1380055370914“It was extremely unwise of Obama to take on the Little Sisters of the Poor,” says Robert P. George, “They are simply too strong an opponent. What was he thinking?”

Prof. George was commenting on the fact that on Friday the Little Sisters received a permanent injunction from the Supreme Court protecting them from the controversial HHS mandate while their case is before the Tenth Circuit Court of Appeals:

The injunction means that the Little Sisters will not be forced to sign and deliver the controversial government forms authorizing and instructing their benefits administrator to provide contraceptives, sterilization, and drugs and devices that may cause early abortions (see video). The Court’s order also provides protection to more than 400 other Catholic organizations that receive health benefits through the same Catholic benefits provider, Christian Brothers.

“We are delighted that the Supreme Court has issued this order protecting the Little Sisters,” said Mark Rienzi, Senior Counsel for the Becket Fund. “The government has lots of ways to deliver contraceptives to people–it doesn’t need to force nuns to participate.”

Read more . . .

Hobby-Lobby-StoreAccording to the Becket Fund for Religious Liberty, for-profit businesses won a significant victory for religious liberty today. A federal court granted Hobby Lobby a preliminary injunction against the HHS abortion-drug mandate, preventing the government from enforcing the mandate against the Christian company.

This victory comes less than a month after a landmark decision by the full 10th Circuit Court of Appeals, which ruled 5-3 that Hobby Lobby can exercise religion under the First Amendment and is likely to win its case against the mandate.

“The tide has turned against the HHS mandate,” said Kyle Duncan, General Counsel with the Becket Fund for Religious Liberty, and lead attorney for Hobby Lobby.

In an opinion read from the bench, the court said, “There is a substantial public interest in ensuring that no individual or corporation has their legs cut out from under them while these difficult issues are resolved.”

Hobby-Lobby-StoreHobby Lobby, the privately owned popular craft store chain that filed suit opposing the HHS mandate which forces employers to provide “preventive care” measures such as birth-control and “morning after” pills, won a significant — albeit temporary victory last week when the trial court granted a temporary restraining order against enforcement:

Today, for the first time, a federal court has ordered the government not to enforce the HHS abortion-drug mandate against Hobby Lobby Stores, Inc. The ruling comes just one day after a dramatic 168-page opinion from the en banc 10th Circuit recognizing that business owners have religious liberty rights. This was the first definitive federal appellate ruling against the HHS mandate.

“Hobby Lobby and the Green family faced the terrible choice of violating their faith or paying massive fines starting this Monday morning,” said Kyle Duncan, General Counsel with the Becket Fund for Religious Liberty, who represents Hobby Lobby. “We are delighted that both the 10th Circuit and the district court have spared them from this unjust burden on their religious freedom.”

In its landmark opinion yesterday, the 10th Circuit majority found that “no one” – not even the government – “disputes the sincerity of Hobby Lobby’s religious beliefs.” The court ruled that denying them the protection of federal law just because they are a profit-making business “would conflict with the Supreme Court’s free exercise precedent.”

Read more . . .

Blog author: ehilton
Thursday, February 7, 2013

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.