Jan 042013
 

On December 31st, U.S. District Magistrate Judge David Noce granted a temporary restraining order, granting relief from the HHS mandate for Sharpe Holdings, Inc., a Missouri for-profit dairy business. The restraining order also benefits Charles Sharpe, the owner of the business, and two of his employees who objected to being forced to pay for abortifacient drugs as part of their health premiums. Sharpe Holdings joins O’Brien Industries of St. Louis and American Pulverizer Company, also of St. Louis, as the third Missouri for-profit business to be granted relief from the HHS mandate.

O’Brien’s case was originally dismissed by a federal Circuit Judge in St. Louis. However, the 8th Circuit Court of Appeals reversed the lower court’s ruling and granted a temporary restraining order on behalf of O’Brien Industries. American Pulverizer was granted a temporary restraining order in December by U.S. District judge Richard Dorr.

 

The various diverging opinions in these cases means that the U.S. Supreme Court will likely have to resolve the issue of whether the HHS contraceptive mandate infringes on the free exercise of religion for private employers, Catholic hospitals and Catholic universities. A final decision is probably one year or more away. With the deadline for compliance with the mandate upon us, time is running short. The Obama administration has until August 2013 to resolve the conflict for those entities granted the one year safe harbor from enforcement of the mandate, including Catholic dioceses and Catholic charity groups, among others.

 January 4, 2013  Posted by at 2:52 pm Abortion-Drug Mandate, Child & Family, Church Concerns, Health Care, News Tagged with: ,  No Responses »
Jan 042013
 

Judge Audrey Fleissig, a Federal District judge in St. Louis, has granted a temporary injunction on behalf of the Missouri Insurance Coalition blocking enforcement of SB 749, the religious liberty bill passed last session, Governor Nixon’s veto notwithstanding. The law was passed as a direct challenge to the HHS mandate and requires insurance companies in Missouri to offer plans excluding coverage for contraception if such coverage violates an employer’s religious beliefs or moral convictions.

Judge Fleissig ruled that the Missouri law was trumped by the Patient Protection and Affordable Care Act and ordered the Department of Insurance to stop enforcing the new Missouri law. The MCC is exploring what additional steps to take to defend the SB 749 law.

Jan 202012
 

WASHINGTON—The Catholic bishops of the United States called “literally unconscionable” a decision by the Obama Administration to continue to demand that sterilization, abortifacients and contraception be included in virtually all health plans. Friday’s announcement means that this mandate and its very narrow exemption will not change at all; instead there will only be a delay in enforcement against some employers.

“In effect, the president is saying we have a year to figure out how to violate our consciences,” said Cardinal-designate Timothy M. Dolan, archbishop of New York and president of the U.S. Conference of Catholic Bishops.

The cardinal-designate continued, “To force American citizens to choose between violating their consciences and forgoing their health care is literally unconscionable.  It is as much an attack on access to health care as on religious freedom. Historically this represents a challenge and a compromise of our religious liberty.”

The HHS rule requires that sterilization and contraception – including controversial abortifacients – be included among “preventive services” coverage in almost every health care plan available to Americans. “The government should not force Americans to act as if pregnancy is a disease to be prevented at all costs,” added Cardinal-designate Dolan.

At issue, the U.S. bishops and other religious leaders insist, is the survival of a cornerstone constitutionally protected freedom that ensures respect for the conscience of Catholics and all other Americans.

“This is nothing less than a direct attack on religion and First Amendment rights,” said Franciscan Sister Jane Marie Klein, chairperson of the board at Franciscan Alliance, Inc., a system of 13 Catholic hospitals. “I have hundreds of employees who will be upset and confused by this edict. I cannot understand it at all.”

Daughter of Charity Sister Carol Keehan, president and chief executive officer of the Catholic Health Association of the United States, voiced disappointment with the decision. Catholic hospitals serve one out of six people who seek hospital care annually.

“This was a missed opportunity to be clear on appropriate conscience protection,” Sister Keehan said.

Cardinal-designate Dolan urged that the HHS mandate be overturned.

“The Obama administration has now drawn an unprecedented line in the sand,” he said. “The Catholic bishops are committed to working with our fellow Americans to reform the law and change this unjust regulation. We will continue to study all the implications of this troubling decision.”

Source: United States Conference of Catholic Bishops