Court rejects Hobby Lobby's challenge to contraceptive mandate


#1

OKLAHOMA CITY (Reuters) - A federal judge on Monday denied a legal challenge to President Barack Obama's signature health reforms, ruling that the owners of a $3 billion arts and crafts chain must provide emergency contraceptives in their group health care plan.

news.yahoo.com/court-rejects-hobby-lobbys-challenge-contraceptive-mandate-030924060.html

This sucks. I wonder when the Supreme Court is going to rule on the HHS Mandate? I hope it does so soon and I hope that it rules against the mandate and makes sure that religious businesses that are against contraception, sterilization, and abortifacients do NOT have to provide health insurance coverage for such things.


#2

[quote="Holly3278, post:1, topic:305639"]
news.yahoo.com/court-rejects-hobby-lobbys-challenge-contraceptive-mandate-030924060.html

This sucks. I wonder when the Supreme Court is going to rule on the HHS Mandate? I hope it does so soon and I hope that it rules against the mandate and makes sure that religious businesses that are against contraception, sterilization, and abortifacients do NOT have to provide health insurance coverage for such things.

[/quote]

Don't hold your breath. Justice Roberts will side with Obamacare as a "tax" :rolleyes:


#3

LINCOLN, November 12, 2012 (LifeSiteNews.com) – The incoming bishop of Lincoln, Nebraska has thrown down the gauntlet to the Obama administration, pledging that the Catholic Church will not obey the administration’s HHS birth control mandate.

lifesitenews.com/news/we-will-defy-obamas-birth-control-mandate-says-new-nebraska-bishop/

No compromise here.

“The Catholic Church is not going to back down,” said Bishop James Conley, who currently serves as Denver Auxiliary Bishop. “We are never going to compromise our principles. We will defy it and face the consequences.”

Fr. Pavone called on pro-lifers to “an unwavering commitment to civil disobedience.”

By the way, I once spent some time in Evansville, got barbecue and did go to Mass there, the people there wore a lot of Notre Dame colors I seem to remember. And Indiana really is interested in car racing, I think we saw some at a mall on display. Fun time, I went to one mall and this kid was probably trying to look like John Lennon with his long hair combed down the middle and round wire rim classes and he did have a resemblance. Nice city. Ohio River I guess runs by there. And Fried Chicken down in Hendersonville, over to Kentucky.


#4

[quote="Holly3278, post:1, topic:305639"]
news.yahoo.com/court-rejects-hobby-lobbys-challenge-contraceptive-mandate-030924060.html.

[/quote]

This is interesting:

Heaton ruled that while individual members of the family that owns and operates Hobby Lobby have religious rights, the companies the family owns are secular, for-profit enterprises that do not possess the same rights.

Now, Opus Dei has Numeraries and a bunch of Supernumeraries running businesses as "apostolates." Some are for-profit but a lot of them are non-profit. What if billionaire owner and philanthropist David Green turned Hobby Lobby into a non-profit apostolate *a la *Opus Dei with all profit going to the Church? The business should operate as usual, only instead of him getting richer, maybe he can endow a few places where young men who want to be priests but can't afford it can be educated or just keep some of the poorer parishes alive that are struggling valiantly to keep the lights on?

There is only one voting member on the board of Saint Michael's Media and that's Michael Voris, owner, manager, he runs the whole deal. Why can't this guy do the same?


#5

You know what else would help? If the Pope offered to excommunicate any Catholic who assisted anyone in getting an abortion.

Oh... wait...

This is the argument I would use. The rights of the company are not at issue if the people have control of decisions and they do. If your religion requires you to pray to the east five times a day and employers must provide time and space for them to do so, then if your Church forbids you to do an act, the government will have to provide a contingency whereupon you do not have to choose between your livelihood and your soul.

What these lawyers need is more lawyers, Canon-style.


#6

Don't you love the lingo? "Emergency Contraceptives". The word "contraceptive" means that which counters conception. An "emergency contraceptive" would therefore be something that stands as the very last ditch line of defense before a sperm penetrates an egg. If you've got a fertilized egg, you've got conception. You've got a growing concern of a person.

What they mean by "emergency contraceptives" is flushing drugs. Day after pills, week after pills, even abortion. Those are all contraceptives under this parlance.


#7

Better if the Federal Government followed the Constitution! Imagine that!

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

law.cornell.edu/constitution/first_amendment


#8

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Seems clear to me that the HHS mandate violates the 1st amendment but I believe that the courts will say that religious freedom is not prohibited under the mandate because we still have the freedom to worship. The other problem is that having access to contraceptives and abortifacients is seen as a right. Somehow getting pregnant is seen as an illness.


#9

Some are arguing that it is a Tenth Amendment argument too.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

So far as I know, no Tenth Amendment suit has gone anywhere, but they get into the news from time to time when raised on various issues.


#10

[quote="Julia_Mae, post:4, topic:305639"]
This is interesting:

Now, Opus Dei has Numeraries and a bunch of Supernumeraries running businesses as "apostolates." Some are for-profit but a lot of them are non-profit. What if billionaire owner and philanthropist David Green turned Hobby Lobby into a non-profit apostolate *a la *Opus Dei with all profit going to the Church? The business should operate as usual, only instead of him getting richer, maybe he can endow a few places where young men who want to be priests but can't afford it can be educated or just keep some of the poorer parishes alive that are struggling valiantly to keep the lights on?

There is only one voting member on the board of Saint Michael's Media and that's Michael Voris, owner, manager, he runs the whole deal. Why can't this guy do the same?

[/quote]

Well to start with the Green family is not Catholic. The article I read said (toward the bottom) that they have no problem supporting contraceptives:

:(


#11

[quote="Holly3278, post:1, topic:305639"]
news.yahoo.com/court-rejects-hobby-lobbys-challenge-contraceptive-mandate-030924060.html

This sucks. I wonder when the Supreme Court is going to rule on the HHS Mandate? I hope it does so soon and I hope that it rules against the mandate and makes sure that religious businesses that are against contraception, sterilization, and abortifacients do NOT have to provide health insurance coverage for such things.

[/quote]

Fight is not over

There is inconsistency. Some challenges are rejected such as from Hobby Lobby and other challenges like Tyndale have won an injunction, some are rejected because the judge wants to wait until the law goes in to effect. George Weigel said on EWTN's World Over Live 2 weeks ago he expects the hhs mandate to go the supreme court and be found unconstitutional under the 1st amendment and Religious Freedom Restoration Act 1993, but he said it could take 1 year and Catholics will be presured until

Hobby Lobby is facing a $1.3 million per day fine

The idea that the goverment can force you to provide something that you are morally opposed to or pay a fine is crazy. I am still not 100% sure about the new health care law's implementation - source. Exchanges that states have to set up take 2 or 3 years. If states can withold that long there will be time for the health care law to be repealed by the next republican president. It may also be able to be repealed by congressional oversight, that is what the House and John boehner will pursue

becketfund.org/federal-court-hobby-lobby-must-violate-its-faith-and-pay-for-abortion-pills

“We disagree with this decision and we will immediately appeal it,” says Kyle Duncan, General Counsel for the Becket Fund for Religious Liberty. “Every American, including family business owners like the Greens, should be free to live and do business according to their religious beliefs. The Green family needs relief now and we will seek it immediately from the federal appeals court in Denver”


#12

[quote="Tietjen, post:10, topic:305639"]
Well to start with the Green family is not Catholic. The article I read said (toward the bottom) that they have no problem supporting contraceptives:

:(

[/quote]

becketfund.org/federal-court-hobby-lobby-must-violate-its-faith-and-pay-for-abortion-pills

The Green family has no moral objection to the use of preventive contraceptives and will continue covering preventive contraceptives for its employees. However, the Green family’s religious convictions prohibit them from providing or paying for the abortion-inducing drugs, the “morning after” and “week after” pills, which would violate their most deeply held religious belief that life begins at conception


#13

Lawyer finds anxiety mounting over contraception mandate

Millions of poor will be put at risk because Catholic hospitals, clinics and schools future is now at risk. Cardinal George said it is possible they could close


#14

I've heard quoted, 1 in 5 hospital patients in the United States is in a Catholic hospital. 20%.


#15

[quote="Tietjen, post:10, topic:305639"]
Well to start with the Green family is not Catholic. The article I read said (toward the bottom) that they have no problem supporting contraceptives:

:(

[/quote]

In fact, the family has ties to Bill Gothard.


#16

[quote="_Abyssinia, post:13, topic:305639"]
Lawyer finds anxiety mounting over contraception mandate

Millions of poor will be put at risk because Catholic hospitals, clinics and schools future is now at risk. Cardinal George said it is possible they could close

[/quote]

Some Catholic hospitals are run by Catholic dioceses, but many, if not most, are run by nearly defunct religious orders in theory, but by lay persons of various religious beliefs in fact. Those will simply go more secular than they already are, and live with the mandate.

I realize the next thing is far out, but I wondered back when the "tax" issue was before the Supreme Court, whether Roberts had traded his deciding vote keeping Obamacare alive for an agreement that the Supremes would knock down the HHS mandate. They do things like that on the Court. Anyway, I can hope so.


#17

[quote="Luna_Lovecraft, post:15, topic:305639"]
In fact, the family has ties to Bill Gothard.

[/quote]

A Protestant? Burn him at the stake! No protection of conscience for Protestants!


#18

Christendom College Joins in Filing Brief Against Obama Administration

Christendom College has joined 15 Catholic colleges and universities in signing on to a new legal brief in support of lawsuits filed against the Obama administration over its controversial pro-abortion HHS mandate. The brief supports Belmont Abbey College and Wheaton College, institutions that demand immediate exemption from the Administration's "contraceptive mandate," which requires religious colleges to insure both employees and students for sterilization and contraception, including drugs that cause abortion


#19

[quote="Julia_Mae, post:5, topic:305639"]
You know what else would help? If the Pope offered to excommunicate any Catholic who assisted anyone in getting an abortion.

[/quote]

Any Catholic who assists in getting someone an abortion is actually already excommunicated.


#20

[quote="Georgia, post:9, topic:305639"]
Some are arguing that it is a Tenth Amendment argument too.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

So far as I know, no Tenth Amendment suit has gone anywhere, but they get into the news from time to time when raised on various issues.

[/quote]

Texas is refusing the set up the "exchanges," based on the 10th Amendment. Other states are refusing, too.

It's going to be a long and messy fight.


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