Another Lawsuit Regarding The Health And Human Services’ Birth Control Mandate

CNS News reported yesterday that a court in Michigan will hear arguments against the Obama Administration’s Birth Control mandate on September 26.

The article reports:

The lawsuit aims to permanently block implementation of the Health and Human Services requirement that employees and individuals to obtain insurance coverage that covers contraception, sterilization, and abortion-producing drugs without any cost-sharing. The HHS mandate imposes clear violations of conscience on Americans who morally object to abortion and contraception, the Law Center (the Thomas More Law Center) said in a news release.

The lawsuit also challenges the constitutionality of the HHS mandate because the mandate limits the rights of business owners to freely practice their religion.

The article states:

“Judge Cleland’s decision to expedite the briefing schedule and set a quick hearing date for oral arguments on our motion for a preliminary injunction against the Government was crucial,” said Thomas More Law Center attorney Erin Mersino. “It best serves our goal of protecting the religious freedoms of our clients. Without the Court’s timely intervention, the HHS mandate effectively penalizes their free exercise of religion,” he added.

The question of whether or not the HHS mandate violates the First Amendment is definitely headed to the Supreme Court. As I reported on July 28 (rightwinggranny.com), a Colorado company called Hercules Industries won a court case in the Tenth Circuit regarding the HHS mandate that companies provide birth control services in the health insurance policies.

As reported on July 28:

A federal court issued an order Friday that halts enforcement of the Obama administration’s abortion pill mandate against a Colorado family-owned business while an Alliance Defending Freedom lawsuit challenging the mandate continues in court.

I am sure there will be much more to come on this issue.

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A Chance That The First Amendment May Be Upheld

There is a possibility that the First Amendment (free speech, religious freedom, etc.) may actually be upheld in the courts. The Blaze reported yesterday that a Federal court has upheld a lawsuit against the controversial contraception mandate, filed by Catholic-owned employer Hercules Industries.

On Wednesday I posted an article about Hercules Industries and their right to reflect their religious beliefs in their corporate policies. The Justice Department denied them that right and they have appealed to the Tenth Circuit Court of Appeals, which covers Colorado.

LifeNews.com reports:

A federal court issued an order Friday that halts enforcement of the Obama administration’s abortion pill mandate against a Colorado family-owned business while an Alliance Defending Freedom lawsuit challenging the mandate continues in court.

…Alliance Defending Freedom attorneys obtained the first-ever order against the mandate on behalf of Hercules Industries and the Catholic family that owns it. The administration opposed the order, arguing, contrary to the U.S. Constitution, that people of faith forfeit their religious liberty once they engage in business.

The decision only applies to the company, and the court emphasized the ruling did not apply nationwide.

This is good news. Federal judges had dismissed two other lawsuits against the contraception mandate. The decision of the Tenth Circuit to hear this case will eventually bring this matter before the Supreme Court regardless of what the ruling by the Tenth Circuit is.

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Losing Our First Amendment Rights

Townhall.com posted an article today about Hercules Industries, a Colorado-based corporation, a business owned and operated by the Newland family, that manufactures heating, ventilation and air-conditioning equipment.

The article reports:

The Newlands believe the morality the Catholic faith teaches them must animate their lives not only within the walls of the churches they attend, but literally everywhere else, as well — in the way they deal with their families, their neighbors and, yes, their business.

The Newlands sued to protect their free exercise of religion in this regard because Health and Human Services Secretary Kathleen Sebelius issued a regulation, under the Obamacare law, that requires virtually all health care plans to cover — without cost-sharing — sterilizations, artificial contraception and abortifacients.

Unfortunately, the family lost the lawsuit. The article reports:

In response to the Newlands’ complaint that ordering them to violate the teachings of the Catholic Church in the way they run their business is a violation of their First Amendment right to the free exercise of religion, the Obama administration told the federal court that a private business has no protection under the First Amendment’s free exercise clause — especially if the business is incorporated.

“The First Amendment Complaint does not allege that the company is affiliated with a formally religious entity such as a church,” said the Justice Department. “Nor does it allege that the company employs persons of a particular faith. In short, Hercules Industries is plainly a for-profit, secular employer.”

“By definition,” said the Justice Department, “a secular employer does not engage in any ‘exercise of religion.'”

“It is well established that a corporation and its owners are wholly separate entities, and the Court should not permit the Newlands to eliminate that legal separation to impose their personal religious beliefs on the corporate entity or its employees,” said the Justice Department.

The message here is very simple. You are free to practice your religion in your church. The government will no longer allow you to exercise your beliefs anywhere outside of that church building. This is a far cry from the early days of America when churches were routinely meeting in the Senate and House of Representatives and public prayer by elected officials was accepted and expected. The attack on the First Amendment rights of religious people is one of the main characteristics of Obamacare. Obamacare needs to go away as quickly as possible!

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