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December 21, 2012

Courts Continue to Split over HHS Contraceptive Mandate

Hobby Lobby loses a second legal round, but small recycling company wins.

In the wake of Wheaton College winning an important legal round against the HHS contraceptive mandate this week, Hobby Lobby received a ruling of its own.

The Tenth Circuit Court of Appeals refused to grant Hobby Lobby an injunction against the mandate, ruling that the craft chain "has not demonstrated a substantial likelihood of success on the merits" of the case. This is the second loss for Hobby Lobby, which will now take its case to the U.S. Supreme Court.

However, a Missouri federal district court granted a preliminary injunction to a small metal-recycling business owned by two evangelicals, ruling that they do have a "substantial likelihood" of winning their case.

This is not the first time courts have split over granting injunctions to religious employers. CT has regularly covered the legal battles over the mandate, often launched by unusual plaintiffs.

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