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August 27, 2012

Wheaton College's HHS Contraception Lawsuit Dismissed After Prompting 'Safe Harbor' Rewrite

Rewrite of "safe harbor" policy gives religious colleges one more year to comply.

A federal judge dismissed Wheaton College's lawsuit against the Department of Health and Human Services's new contraception mandate on Friday, after the legal challenge — among 23 others — prompted a last-minute rewrite of the mandate's compliance deadline.

The Obama administration rewrote its "safe harbor" policy to include religious institutions, giving Wheaton and other schools one year before they must comply with the mandate.

Wheaton is considering an appeal of the lawsuit's dismissal because "despite qualifying for the 'safe harbor,' not complying with the mandate during that safe harbor period technically places the college in violation of federal law," according to the Becket Fund.

Wheaton originally filed suit against the Obama administration for a "preliminary injunction" against the HHS mandate after the school originally did not qualify for the "one-year 'safe harbor,' which the government offered to certain religious organizations as a temporary reprieve from the HHS mandate."

The D.C. federal district court granted the motion to dismiss the case, stating, "Wheaton has not alleged a concrete and imminent injury." The "safe harbor" policy revision now buys time for religious institutions to implement the mandate, which requires faith-based organizations to offer contraceptive coverage to female employees.

“The government has now re-written the ‘safe harbor’ guidelines three times in seven months, and is evidently in no hurry to defend the HHS mandate in open court,” said Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, which represented Wheaton in the case. “By moving the goalposts yet again, the government managed to get Wheaton’s lawsuit dismissed on purely technical grounds. This leaves unresolved the question of religious liberty at the heart of the lawsuit.”

CT reported the details of Wheaton's lawsuit in July and last week's newest lawsuits from Biola University and Grace College.

Comments

This lawsuit strikes me as much more about politics and not much about faith. I'm very disappointed by Wheaton's stand.

@Bruce,

Seriously? You can't conceive that Wheaton's opposition to abortion as a contraceptive means is based on faith? You know, life begins at conception and that terminating human life is immoral and all that, you know, stuff? Dude, you've got a warped conception of faith!

This is really foul, devious behavior from the Obama administration. We cannot vote them out soon enough. There is no way in which this administration does not want to attack Christianity in this country. The freedom of worship is in the balance, folks. Tell your friends at church what this president is doing, and tell them to get out and vote him out of office.

it used to just be the Vatican that opposed birth control. I'm disappointed that Protestants are now thinking that way, too. It's all a backlash against women (such as myself) who don't want to have 25 children apiece.

Amy, Wheaton is opposing the HHS mandate to contraceptives, because the mandate would force Wheaton to provide contraceptives that abort a fertilized egg, the "morning after" and "week after" pills. Dr. Ryken has said that Wheaton does differ from the Catholic view of contraceptive.
As a wife of a Wheaton alumni and a mother to 2 daughters who are Wheaton graduates, I have observed only respect for women's decisions relating to marriage and family.

I would like to ask anyone who knows that if the HHS mandate is implemented, would Wheaton, under any circumstance, end of providing coverage for an abortion to an employee?

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