Tag: Becket Law

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]

Over 100 plaintiffs in lawsuits against U.S. government birth control mandate

The Becket Fund reports that more than 100 plaintiffs have now joined lawsuits against the federal government as a result of an administration regulation that forces employers to provide insurance for birth control and sterilization even if they object for reasons of conscience. [Becket Fund HHS Page]

 

Ave Maria University files federal suit to protect religious identity

NEWS RELEASE

Ave Maria University

NAPLES, FL (February 21, 2012) –Jim Towey, Ave Maria University President announced today that the University is seeking declaratory and injunctive relief from a federal court in Florida, because the U.S. Department of Health and Human Services demands the University offer health plan services that undermine its firmly-held religious convictions.

“The federal government has no right to coerce the University into funding contraceptive services that include abortion-inducing drugs and sterilization, in the health plan we offer our employees,” said Towey. “Under the federal mandate Ave Maria University would be paying for these drugs if we complied with the law. So we will not. We are prepared to discontinue our health plan and pay the $2,000 per employee, per year fine rather than comply with an unjust, immoral mandate in violation of our rights of conscience.”

The Becket Fund for Religious Liberty filed suit this morning on behalf of the University.

“The federal mandate puts Ave Maria in a terrible bind,” said Kyle Duncan, General Counsel for the Becket Fund. “Either it betrays its faith and covers the drugs, or else it ends employee health benefits and pays hundreds of thousands in annual fines.”

Towey, former head of the Bush Administration’s Faith-Based and Community Initiatives is determined to stop the Administration’s assault on religious freedom. “Allowing a U.S. president of any political party or spiritual belief to force conformance to his or her religious or secular orthodoxy through executive action, is a perilous precedent,” said Towey. “I hope all of my colleagues in academia, including Catholic higher education, awaken to this danger.”

Ave Maria University’s case is the fourth lawsuit brought by the Becket Fund challenging the Obama administration’s abortion drug mandate. The Becket Fund also represents Belmont Abbey College (a Catholic college in North Carolina), Colorado Christian University (a nondenominational Christian University outside Denver), and the Eternal Word Television Network.

Michigan Takes Lead Role in Lawsuits Against Unconstitutional Obama Health Care Mandate

Schuette Heads Up Multi-State Effort With Becket Fund To Defend Religious Liberty, First Amendment

NEWS RELEASE

Attorney General of Michigan

Contact: John Sellek or Joy Yearout, 517-373-8060

LANSING – Michigan Attorney General Bill Schuette today announced Michigan will be the lead state in an effort to defend religious liberty in three separate lawsuits filed by The Becket Fund for Religious Liberty on behalf of two colleges and a religious broadcasting network challenging onerous administrative health care regulations recently handed down by the Obama administration.

“We cannot compromise religious liberty.  We cannot undermine constitutional protections.  We cannot trample freedom of religion in the United States of America,” said Schuette.  “This mandate is an unconscionable intrusion on religious liberty and undermines the constitutional rights of millions of Americans with deeply held beliefs.

“Not only will many schools, hospitals and charities be ordered to provide services that violate their conscience, but to add insult to injury, they will have to pay for those they find morally repugnant.  This is a radical attack on the First Amendment that cannot stand.”

As described in The Becket Fund’s complaints filed in federal courts in the District of Columbia, Colorado and Alabama, the challenges relate to Obamacare regulations that force thousands of religious organizations to violate their deepest beliefs by mandating what the organizations must include in their employee health plans, or face steep government fines.  Although the Obama administration has provided thousands of exemptions for other groups, including many large corporations, it has persistently refused to give the same accommodation to religious organizations exercising their First Amendment freedoms.  Schuette’s office will coordinate the drafting and filing of an amicus brief in defense of religious liberty.

On January 20, 2012, the Obama Administration announced that it would not change its mandate forcing religious employers to purchase and provide health care services that violate their religious beliefs and moral convictions.  The decision was announced in spite of concerns expressed by a wide spectrum of religious leaders and employers.

The cases challenging the rule are Bemont Abbey College v.  Sebelius, Colorado Christian University v. Sebelius, and Eternal Word Television Netwprl v. Sebelius. A briefing schedule has not yet been issued in those cases yet, but Michigan expects to file its briefs later this year.

Schuette’s involvement in The Becket Fund cases is the latest effort to defend religious liberty for Michigan citizens:

·In 2011, Schuette file joined The Becket Fund to file an amicus brief on behalf of seven other states in support of religious liberty in a significant case involving the right of religious organizations to manage their religious employees without government interference.  In January 2010, the U.S. Supreme Court unanimously (9-0) upheld the right of religious organizations to manage their religious employees without government interference in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission et al.

· Schuette also filed an amicus brief in support of Julea Ward, a former Eastern Michigan University student who is suing the university in federal court for violating her constitutional rights after she was dismissed from a graduate counseling program due to her religious beliefs.  On January 27, 2012, the U.S. Court of Appeals for the 6th District agreed Ward had a right to trial and reversed the lower court ruling dismissing her case.