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October 1, 2012

Judge Rules HHS Contraception Mandate Does Not Violate Religious Freedom

Judge: "Indirect financial support of a practice" does not violate First Amendment rights.

A federal judge struck down a lawsuit against the Department of Health and Human Services (HHS) on Saturday, ruling that the newly implemented HHS contraception mandate does not infringe upon a Catholic business owner's First Amendment rights.

Missouri federal district court judge Carol E. Jackson ruled against O’Brien Industrial Holdings (OIH), a secular, for-profit company that does not qualify for the mandate's religious employer exemption, although the owner is Catholic. In her ruling, Jackson stated that “indirect financial support of a practice, from which a plaintiff himself abstains according to his religious principles” does not violate the owner’s freedom of religion.

“Plaintiffs remain free to exercise their religion, by not using contraceptives and by discouraging employees from using contraceptives,” she stated.

OIH had argued that requiring the company to contribute to a general health care plan—and thus potentially indirectly providing contraceptives to female employees—infringed upon the owner’s religious exercise rights under the First Amendment.

The lawsuit had asked the court to declare that the HHS mandate violates the First Amendment, the Religious Freedom Restoration Act, and the Administrative Procedure Act.

But the court dismissed all claims against HHS, calling the Affordable Care Act a “neutral law of general applicability” that does not discriminate against companies with less-formal religious affiliations. The court stated that the employer’s responsibility to contribute to a general health care plan, which may subsidize an employee’s purchase of birth control, is not equivalent to “compelled speech,” as OIH had argued.

CT has covered the dozens of lawsuits against the HHS mandate, including cases brought by evangelical-owned Hobby Lobby and Catholic-owned Triune Health Group.

Comments

Tyranny of the judiciary upholding the tyranny of the legislative and executive branches. Nice.

Sounds like a common sense ruling. Were the courts to strike down, based on the First Amendment's religious liberty clause, the Affordable Care Act's mandatory coverage of contraceptives there is no limit to what a "religious exemption" could disallow.

I still don't get the furor over this issue. If contraception is a sin, it's the sin of the person who uses it, not the entity that pays for it. And if the Church needs the power of government to keep its own people in line, then the church is in deep trouble.

We started a revolution 200 years ago under the argument that taxation without representation was morally wrong. Now, we are seeing taxation in spite of representation- which is basically the same thing.

Nate - how is that the same thing at all? Actually, it is the opposite thing.

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