Posts tagged with: The Becket Fund for Religious Liberty

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.

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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
posted by on 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.

(more…)

Rick-Warren-PhotoIn response to the Hobby Lobby lawsuit, Rick Warren, author of The Purpose Driven Life and pastor of Saddleback Church, has released a statement at The Becket Fund for Religious Liberty:

…The government has tried to reinterpret the First Amendment from freedom to PRACTICE your religion, to a more narrow freedom to worship, which would limit your freedom to the hour a week you are at a house of worship. This is not only a subversion of the Constitution, it is nonsense. Any religion that cannot be lived out … at home and work, is nothing but a meaningless ritual.

Some flippantly say ‘A business cannot be a Christian’ but the truth is, every business is either moral or immoral, ethical or unethical, depending the values they base their business on. When the government starts coercing businesses to violate their religious, moral, and ethical values, that is a flagrant violation of our Constitution.

I predict that the battle to preserve religious liberty for all, in all areas of life, will likely become the civil rights movement of this decade…Regardless of your faith, you should pay attention to this landmark case, and pray for a clear victory for freedom of conscience.”

Read the full statement here.

Religious groups and businesses who, by weight of conscience, are choosing not to participate in the HHS mandate requiring them to provide abortifacients, artificial birth control, sterilization procedures and abortions as part of “health” care coverage, are now faced with massive fines from the government. The fines for non-compliance are $100 per day per employee. For some companies, that means millions in fines.

Eric Baxter, Senior Counsel for The Becket Fund, says

…the mandate places a “significant burden” on religious organizations’ ability to plan, budget and hire.

“Most organizations are already trying to get their insurance plans, for example, in the next year in place,” he said.

The lawyer noted that there is a “great deal of anxiety” because employers are subject to lawsuits from individuals who are not receiving required benefits under their health plans.

“That anxiety is only increasing as the implementation date approaches,” he said.

While some organizations have been given a reprieve from the mandate, there remains a strong sense of confusion among many as to whether or not they will be forced to comply, based on whether they are primarily “religious” or not. For instance, Tyndale House recently won a court case against having to participate in the HHS Mandate, but Hobby Lobby, a retail chain, faced a legal setback in its stance that the mandate violates the owners’ religious convictions.

Archbishop Samuel J. Aquila of Denver recently told EWTN that

The First Amendment is a promise that no one should have to choose between a public life and their religious integrity. Without the consent of our elected officials, the mandate can change in troubling ways. This kind of unchecked discrimination is dangerous.
Read more on the latest HHS news at the National Catholic Register’s “Becket Fund: Anxieties Mounting over Contraception Mandate.”

Kyle Duncan, general counsel for The Becket Fund for Religious Liberty, gives us a glimpse of what is ahead in the fight for religious liberty regarding the Obama Administration’s HHS Mandate, given the outcome of Tuesday’s election.  In the National Catholic Register, Duncan outlines that current federal lawsuits fall into two broad categories: those filed by nonprofit organizations and those filed by business owners. In the case of the nonprofits,

The federal government has not responded to the merits of these lawsuits, but has instead sought to have them thrown out as premature. The government says that its non-binding promise of an “accommodation” by August 2013 means that the courts should not hear the lawsuits now — even though the mandate is a final rule that is now harming these plaintiffs’ ability to plan, hire and budget.

Unfortunately, in two of the cases (Belmont Abbey and Wheaton), the courts have agreed with the government and dismissed the lawsuits. Those dismissals will be reviewed by the D.C. Circuit Court of Appeals in December.

The cases filed by business owners such as John Kennedy of Autocam and David Green of Hobby Lobby have met with “some success”, the article states, but the fight is far from done.
Because these business lawsuits are not subject to any delays, the government has had to respond on the merits. Its response is startling.The government has flatly stated that a person who goes into business to make a profit loses any right to exercise religion in his business pursuits. A kosher butcher, for instance, would presumably have no religious rights associated with his decision to stock only kosher products. A Bible seller would have no religious rights associated with the sacred texts she is selling.

The profit motive alone dissolves these individuals’ rights to exercise religion. The government apparently wants to enforce its own theology of how God and mammon should mix. But its interpretation would bar individuals from providing for their families in ways consistent with their religious beliefs.

 

 

Yesterday, privately-owned Hobby Lobby, a popular craft store chain, filed suit opposing the HHS mandate which forces employers to provide “preventive care” measures such as birth-control and “morning after” pills.

“By being required to make a choice between sacrificing our faith or paying millions of dollars in fines, we essentially must choose which poison pill to swallow,” said David Green, Hobby Lobby CEO and founder. “We simply cannot abandon our religious beliefs to comply with this mandate.”

Hobby Lobby is the largest and only non-Catholic-owned business to file a lawsuit against the HHS mandate, focusing sharp criticism on the administration’s regulation that forces all companies, regardless of religious conviction, to cover abortion-inducing drugs.

Hobby Lobby faces $1.3 million a day in fines if they choose not to participate in the HHS mandate.

The Becket Fund for Religious Liberty is representing the owners of Hobby Lobby; you can read their statement here.