Update on American HHS controversy

As a result of continuing concerns about the HHS preventive service mandate, the chairman of the U.S. Conference of Catholic Bishops’ (USCCB) Ad Hoc Committee for Religious Liberty, the president of the Southern Baptist Convention’s Ethics & Religious Liberty Commission, and over 100 prominent national religious leaders and scholars have signed an open letter to the Obama administration entitled Standing Together for Religious Freedom. The letter calls on the Administration and Congress to respect conscience rights  and religious freedom.

Nonetheless, Georgetown University, a Catholic institution, has announced that it considers the Obama administration’s revised contraceptive mandate acceptable. The president of Georgetown stated that the new regulation provides “the opportunity to reconcile our religious identity and our commitment to providing access to affordable healthcare.”   Similarly, the Catholic Health Care Association states that it is satisfied that its members will not have to  “contract, provide, pay or refer for contraceptive coverage.” The Association includes over 600 hospitals and 1400 other health facilities in every American state and in Washington, D.C. [NCR]

A federal court granted a preliminary injunction to Hobby Lobby.  The business is operated by its owners in accordance with their Christian convictions.  The Green family does not object to contraception, but rejects the IUD and morning-after pill because of concern about embryocidal effects.  The court ruled that the injunction was warranted because of “substantial public interest in ensuring that no individual or corporation has their legs cut out from under them while these difficult issues are resolved.” [Becket Fund]  In contrast, a federal appeals court has rejected the appeal of Mennonite owners of Conestoga Wood Specialties Corporation against a lower court ruling that held they must comply with the regulation.  In a 2- 1 decision, the Third Circuit Court of Appeals ruled that a corporation cannot be said to share an owner’s religious convictions. [Lancasteronline]

 

 

 

 

 

Update on American HHS controversy

The Department of Health and Human Services has confirmed a regulation that will require businesses with over 50 employees to provide health insurance for birth control and surgical sterilization, even if they object to doing so for reasons of conscience.  The regulations includes exemptions for objecting “religious employers” (largely limited to houses of worship) and objecting religious non-profit organizations.  However, the continued demand that objecting business owners be forced to comply and the nature of the exemptions remain unacceptable to many religious organizations.  Speaking for the Becket Fund for Religious Liberty, Eric Rassbach, Deputy General Counsel, said:  

When it comes to religious liberty, the Department of Health and Human Services is acting like a kid who doesn’t want to eat his lima beans. Our Constitution and laws require them to protect religious exercise, but they really don’t want to, so they are trying every trick in the book to avoid doing so. But we will keep suing until the courts make HHS comply with its obligations. [Becket Fund News Release]

The U.S. House of Representatives Energy and Committee has issued a report accusing the Obama administration and Department of Health and Human Services of “unprecedented abuse” of religious liberty.

There are now 61 civil suits filed against the regulation, with over 200 plaintiffs. [Becket Fund, HHS Information Central].  In one of them, a unanimous decision by the10th Circuit Court of Appeals in Denver has directed a lower court allow a civil suit brought by Hobby Lobby, a chain of arts and crafts stores.  The owners of the company object to being forced to provide embryocidal forms of birth control.  They are seeking an injunction against the enforcement of the regulation [The Tennessean].  A Largo, Florida, company with the same objections has been granted a preliminary injunction [Tampa Tribune], as has Geneva College, a Christian college in Pennsylvania [NCR].

American Catholic bishops have been adamant that the HHS regulation is unacceptable, once again declaring a “Fortnight for Freedom” from 21 June to 4 July to encourage opposition to it and support for freedom of religion.  Timothy Cardinal Dolan, Archbishop of New York, has been one of the leading opponents of the law.  The Archdiocese of New York is among the plaintiffs in the lawsuits against the regulation.  However, the Archdiocese of New York has, for years, been indirectly paying for health insurance for employees of the Catholic Health Care System that includes coverage for contraception and abortion.  The arrangement was approved by Cardinal Dolan’s predecessor, Archbishop John O’Connor, who died in 2000.  A spokesman for the Archdiocese stated that the coverage is provided “under protest.”  [New York Times]

U.S. Senate Bill S1204 (2013) Health Care Conscience Rights Act

 A BILL

To amend the Patient Protection and Affordable Care Act to protect rights of conscience with regard to requirements for coverage of specific items and services, to amend the Public Health Service Act to prohibit certain abortion-related discrimination in governmental activities, and for other purposes. [Full Text]

 

Update on American HHS birth control mandate controversy: March, 2013

A judge of the St. Louis Federal District Court struck down parts of a Missouri law  ensuring freedom of conscience for those objecting to paying for contraceptive coverage and abortion drugs in their health plans. [St. Louis Review]  To date, 10 amicus curiae briefs have been filed by Americans United for Life in support of lawsuits against the U.S. federal government regulation that requires objecting business owners to provide health insurance coverage for contraceptives, embryocides, and surgical sterilization. [AUL news release]   The chairman of the U.S. Conference of Catholic Bishops (USCCB) Committee on Pro-Life Activities,has asked members of the U.S. House of Representatives to support the Health Care Conscience Rights Act of 2013.H.R. 940, which includes provisions to prevent objecting businesses or individuals from being forced to provide  health insurance coverage for contraceptives, embryocides, and surgical sterilization. [USCCB news release]  Attorneys General of 13 states (Ohio, Alabama, Colorado, Florida, Georgia, Idaho, Kansas, Montana, Nebraska, Oklahoma, South Carolina, Texas and West Virginia) have written to the federal government asking that the proposed exemptions for objectors to the regulation be broadened to include private employers. [Columbus Dispatch].  More than 147,000 people and groups have made formal comments about the proposed regulation, 30 times more than the comments made on the next most-commented-upon rule. [The Hill]  Meanwhile, the U.S. Senate, which is controlled by the Democratic Party, voted down a measure that would have stopped funding for enforcment of the regulation.