Another Victory Over Contraception Mandate

The churches, Christian colleges, schools and businesses have been lining up to file legal action to block them from having to violate their Christian faith and principles by implementing the controversial contraception mandate.  And one by one, the courts are agreeing with them.

In the latest victory for religious freedom, Tyndale House Publishers of Carol Stream, IL, won a preliminary injunction against the mandate.  Tyndale is the world’s largest private Christian publishers of Bibles, Christian books and digital media.  In addition to their publishing venture, the company also sends over 95% of its profits to non-profit religious groups from all over the world.

Yet the government attorneys argued on court that Tyndale is not religious enough to qualify for the government specified religious exemption.  To be honest, few organizations can meet the strict government criteria, which seems to have been purposely written that way to prevent anyone from qualifying.

Alliance Defending Freedom Senior Legal Counsel Matt Bowman argued the case for Tyndale House Publishers in front of the U.S. District Court for the District of Columbia.  His arguments carried more weight with the court who wrote in part of their decision:

“The beliefs of Tyndale and its owners are indistinguishable…. Christian principles, prayer, and activities are pervasive at Tyndale, and the company’s ownership structure is designed to ensure that it never strays from its faith-oriented mission. The court has no reason to doubt, moreover, that Tyndale’s religious objection to providing insurance coverage for certain contraceptives reflects the beliefs of Tyndale’s owners. Nor is there any dispute that Tyndale’s primary owner, the Foundation, can ‘exercise religion’ in its own right, given that it is a non-profit religious organization; indeed, the case law is replete with examples of such organizations asserting cognizable free exercise and RFRA [Religious Freedom Restoration Act] challenges.”

Earlier this month, Judge Robert Cleland of the US District Court for the Eastern District of Michigan granted a temporary injunction against the contraception mandate for Daniel Weingartz’s company, Weingartz Supply.

In that decision, Judge Cleland wrote:

“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.”

“The harm in delaying the implementation of a statute that may later be deemed constitutional must yield to the risk presented here of substantially infringing the sincere exercise of religious beliefs, the balance of harms tips strongly in Mr. Weingartz’ favor.”

Prior to the Weingartz case, Judge John Kane ruled against the contraception mandate in a case involving a family owned HVAC business known as Hercules Industries.  The Colorado based company is owned by a Catholic family who challenged the mandate claiming that it violated their faith.  What surprised me in this case was the judge is a Democrat who was appointed by Pres. Jimmy Carter.

The more cases like this that are won to protect religious freedom the more others will feel encouraged to challenge the contraception mandate. This could lead to a glut of lawsuits that would overwhelm the court system thus requiring some sort of legal action on the part of Congress or the US Supreme Court to strike down the contraception mandate.







Comments

comments

Posted in Christianity, Constitution, Healthcare, Law, Morality, Religion Tagged with: , , , , ,
  • The Reader

    Not religious enough? what kind of crap is that?

    • Mudpuppy

      It’s probably set so that only that fake, pseudo-religion Islam qualifies.

      • The Reader

        OH the religion of peace has all the cards according to O’bama.

      • http://www.facebook.com/kevin.ryan.75286100 Kevin Ryan

        Bingo!

    • http://www.facebook.com/kevin.ryan.75286100 Kevin Ryan

      the real reason if they are not muslim

  • Mudpuppy

    Well, at least something is going in the right direction.

    • The Reader

      Once in a while a judge gets something correct. I have to think that companies will quit hiring women as a result of O’bama’s war on women. When I was young and used birth control none of us would turn it into insurance to pay-we didn’t want anyone to know our business. Now these women are proud that they are on birth control and want me to pay for it, another example of moral decay in our country.

      • Mudpuppy

        It appears that Rush was right about Fluke. She is a slut/whore/prostitute who wants the rest of us to pay for her whoring. No shame.

        • The Reader

          As a woman, I can tell you-Rush is always right. :)

        • Mudpuppy

          As one who has listened to him since 1984, I agree. And Fluke is not that attractive (unless you are wearing beer goggles).

        • Hope

          That is a horribly unfair comment about a well-educated woman who was trying to help her friend (who was suffering from ovarian cysts, treatable with birth control) get access to birth control.

        • Mudpuppy

          Let her find the money herself. I’m sick of everyone who needs something thinking it’s OK to demand that I pay for it. In any case, it is unbelievably arrogant for her to demand that we (TAXPAYERS) pay for her problems. People can always come up with some sob story but that doesn’t justify legalized theft.

        • snowmaggedoned

          Hope….you ARE kidding, right? Birth Control pills are one of the biggest contributors to breast and uterine cancer on the planet, Just because Fluke goes to a university does NOT make her a well-educated woman. And actually, it was a fair comment……Fluke is butt-ugly!!

    • LeSellers

      If, when you see the hammer, it is moving away from the nail, would you conclude its purpose is not to drive the nail further into the wood?

      Just because something is currently “going in the right direction” does not mean you will not be struck harder, later on.

      Mr. O’bama, will there ever be any Jobs?

      • Mudpuppy

        I did not say that. I was enjoying a small victory. I’m well aware of the other crap going on that needs to be stopped. I don’t know how you could have misunderstood my comment.

  • http://www.facebook.com/profile.php?id=100000024713832 Brenda Gabbard

    It doesn’t matter if they are religious or not, contraceptive items just like condoms should be the responsibility of the person not their employer.

  • http://www.facebook.com/barbjeanpatton Barb Patton

    They will do everything in their power to force obamacare down the throats of everybody. They are wasting their money on attorneys that do not have the expertise to fight against a corrupt government.

  • wizardkar

    The muslims are exempted from Obamacare already

  • http://www.survivingurbancrisis.com/ Silas Longshot

    “The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.”
    I hope they remember that statement and apply it equally to the 2nd, when 0bama’s new kangaroo supreme court gets their first 2nd amendment case. His new Sotomeyor clones will try to ‘intrepret’ the 2nd as being applicable to the mitilary only, as they regard the ‘militia’. And when they at last gut the 2nd, all hxll will break loose.

  • chvietvet

    Like any totalitarian government, that of the United States must get religion under government control. Therefore, the part of the First Amendment stating that a person has freedom of religion and “the free practice thereof,” has been scrapped, must like the rest of the Bill of Rights. If any church dares to state that something the government wants is wrong, that church will be heavily penalized through a crippling bill for income taxes, which it should not have to pay. It is interesting that veterans are prevented by government policies from working to earn $3000 in a year, our government is ready to hand over $3000 to the “contraception slut” just to buy condoms and pills.

  • Breezeyguy

    It’s not just about religion, but about conscience. Atheists shouldn’t be forced to pay for abortifacient drug.

    And contraceptives aren’t “health care”. Rather they are carcinogenic (just check out the World Health Organization list of known carcinogens. And even if they were healthy, they would still be elective