http://www.lifenews.com/2013/07/...
Today,
a federal court granted Hobby Lobby a preliminary injunction against
the HHS abortion-drug mandate. The injunction prevents the Obama
administration from
Today, a federal court granted Hobby Lobby a preliminary injunction
against the HHS abortion-drug mandate. The injunction prevents the Obama
administration from enforcing the mandate against the Christian
company, which does not want to be compelled to pay for birth control or
drugs that may cause abortions.
This victory comes less than a month after
a landmark decision
by the full 10th Circuit Court of Appeals, which ruled 5-3 that Hobby
Lobby can exercise religion under the First Amendment and is likely to
win its case against the mandate. That decision helped the Christian
craft store not be force to pay fines while its lawsuit continues.
“Th
e
tide has turned against the HHS mandate,” said Kyle Duncan, General
Counsel with the Becket Fund for Religious Liberty, and lead attorney
for Hobby Lobby. “This is a major victory for not only Hobby Lobby, but
the religious liberty of all for-profit businesses.”
U.S. District Judge Joe Heaton issued a preliminary injunction and
stayed the case until Oct. 1 to give the Obama administration time to
appeal the decision.
In an opinion read from the bench, the court said, “There is a
substantial public interest in ensuring that no individual or
corporation has their legs cut out from under them while these difficult
issues are resolved.”
Duncan says there are now 63 separate lawsuits challenging the HHS
mandate. The Becket Fund led the charge against the unconstitutional HHS
mandate. The Becket Fund currently represents: Hobby Lobby, Wheaton
College, East Texas Baptist University, Houston Baptist University,
Colorado Christian University, the Eternal Word Television Network, Ave
Maria University, and Belmont Abbey College.
Before today’s decision, Kristina Arriaga Executive Director of the
pro-life legal group The Becket Fund, told LifeNews: “Hobby Lobby is the
largest business to challenge the HHS Mandate in court. And the 10th
Circuit decision was the result of the rare opportunity to present the
case directly to the full court instead of a smaller panel and it
represents the first definitive appellate ruling against the mandate,”
Arriaga said. “And, while the 10th Circuit’s decision helped spare Hobby
Lobby from exposure to tremendous government fines scheduled to begin
just days after the court ruled, its opinion is an true victory for the
many other religious business owners who find themselves facing the same
“Hobson’s choice”– as the Court of Appeals called it – as Hobby Lobby’s
Green family; that is, follow the law or follow your conscience.”
Arriaga said the battle today is be an even greater milestone in this
fight because, “unless the government has a sudden change of heart –
which is unlikely – the U.S. Supreme Court will ultimately have to
decide this case.”
Hobby Lobby could have paid as much as $1.3 million each day in fines
for refusing to pay for birth control or abortion-causing drugs under
the mandate.
In December, a two-judge panel of the 10th Circuit denied Hobby
Lobby’s request to temporarily stop enforcement of the abortion pill
mandate. Now, nine 10th Circuit judges will hear Hobby Lobby’s case.
Arguments are expected to take place this Spring.
The mandate would force the Christian-owned-and-operated company to
provide the “morning-after pill” and “week-after pill” in its health
insurance plan, or face crippling fines up to $1.3 million per day.
“The Green family is disappointed with this ruling,” said
Duncan.
“They simply asked for a temporary halt to the mandate while their
appeal goes forward, and now they must seek relief from the United
States Supreme Court. The Greens will continue to make their case on
appeal that this unconstitutional mandate infringes their right to earn a
living while remaining true to their faith.”
Previously, the 10th Circuit judges
denied the motion calling the religious burden to the Green family “indirect and attenuated.”
The lawsuit was filed in the US District Court for the Western
District of Oklahoma and U.S. District Judge Joe Heaton issued a ruling
rejecting Hobby Lobby’s request to block the mandate. Judge Heaton said
that the company doesn’t qualify for an exemption because it is not a
church or religious group.
“Plaintiffs have not cited, and the court has not found, any case
concluding that secular, for-profit corporations such as Hobby Lobby and
Mardel have a constitutional right to the free exercise of religion,”
the ruling said.
Heaton wrote that “the court is not unsympathetic” to the company’s
desire to not pay for abortion-causing drugs but he said the Obamacare
law “results in concerns and issues not previously confronted by
companies or their owners.”
The appeals
brief reads
in part: “[I]n less than six weeks, [the Green family] must either
violate their faith by covering abortion-causing drugs, or be exposed to
severe penalties—including fines of up to $1.3 million per day, annual
penalties of about $26 million and exposure to private suits.”
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