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November 20, 2012

Hobby Lobby Loses, Tyndale Wins Legal Round Against HHS Contraceptives Mandate

Federal court rules that secular, for-profit corporations do not have a right to free exercise of religion.

(Update: Hobby Lobby has appealed to the Tenth Circuit for emergency relief.)

A federal judge denied Hobby Lobby's request for an injunction against the Affordable Care Act's (ACA) contraceptive mandate on Monday, ruling that the arts-and-crafts giant must cover emergency contraceptives in its insurance policies even though it believes the pills cause abortions.

U.S. district judge Joe Heaton rejected both First Amendment and Religious Freedom Restoration Act (RFRA) claims by Hobby Lobby and its well-known evangelical owners, the Green family. Heaton ruled that "secular, for-profit corporations do not have free exercise rights."

"The Greens do have such rights," Heaton's ruling stated, "but are unlikely to prevail as to their constitutional claims because the preventive care coverage regulations ... are neutral laws of general applicability which are rationally related to a legitimate governmental objective."

The ruling stands in contrast to a D.C. circuit court's ruling in favor of Tyndale House Publishers just three days earlier. In that case, the court granted Tyndale a preliminary injunction and ruled that the Christian-owned publishing house has legal standing because "the beliefs of a closely-held corporation and its owners are inseparable, the corporation should be deemed the alter-ego of its owners for religious purposes."

According to a press release, Becket Fund general counsel Kyle Duncan says Hobby Lobby will appeal the decision as soon as possible.

CT has previously reported on Hobby Lobby's entry into the fray over the HHS contraceptives mandate, and recently explored the surprising evangelical plaintiffs filing suit against the federal government over the issue.

Comments

Hang in there Hobby Lobby! May God go with you!!!!

So freedom of religion only applies if you agree with the judge's interpretation. Since when is it true that "the preventive care coverage regulations ... are neutral laws of general applicability which are rationally related to a legitimate governmental objective." How are they neutral if they go against religious principles? The judge seems to be saying that opposition to birth control is irrational and that government objectives should be superior to religious objectives. I hope we haven't come to that state in our nation. Hobby Lobby should be able to win on appeal of this ridiculous ruling by a judge who is asserting that religious rights are "irrational" and the government should able to quash religious objectives.

I think the push for religious-based organizations to be able to discriminate about providing one type of medication is so stupid and unchristian. Women use "the pill" for contraception; they ALSO use it for treating gynecological hormone disorders such as Polycystic Ovary Syndrome. For women to be denied access to hormones that also prevent pregnancy is downright cruel. I understand religious employers' objections for these medications, however, their blanket denial of access to these medications is stupidly unnuanced. And the reason I'm so vehement comes from personal experience.

The Church is not argueing with medicine being used for an illness. That is up to a doctor. It is argueing for the forcing upon the Church and all of us citizens to provide Planned Parenthood, a killing machine making millions off its killing, the money from taxpayers to this killing machine. And it's not just the Catholics that don't want to be a part of burning a baby to death or sucking its brains out as it's being born. Protestants and even atheists are non- abortionists. The Constitution provides a trial by jurists equal to you before you are committed to a death sentence. The unborn is alive, it's breathing and should receive the right to be born as any other human and a trial before it is killed for its crime. Oh, wait, what crime did the unborn commit other than not stopping its carrier from opening up her legs to a father who wants to be free from a baby, it's called free sex for the man,or, having a rapist for a father. As a human, I don't want to pay to have a baby be chemically burned to death especially when the baby has done nothing to deserve this. What is the matter with women today. They are mentally sick. With all the government services provided to women and children including adoption services, what is the mental sickness the women have in this country toward babies. 9 mths to give life instead of committing murder, when women are living longer than ever, 9 mths out of their lives so they don't have to wake up in the future and find themselves realizing they did commit murder, upon the most weakest of society.

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