Judge Grants Preliminary Injunction in Lawsuit Challenging HHS Mandate
Verdict Blocks Federal Government From Applying Law to Religious For-Profit Company
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DENVER, Colorado, JULY 30, 2012 (Zenit.org).- The Becket Fund for Religious Liberty, a non-profit law firm, announced last Friday that its lawsuits challenging the HHS mandate continue following their victory in another lawsuit, Newland v. Sebelius, brought on behalf of a for-profit company in Colorado, whose owners are religious.
Judge John L. Kane Jr., a senior federal district judge in Colorado granted a preliminary injunction on behalf of a religious for-profit company challenging the HHS mandate. Granting the preliminary injunction prevents the federal government from applying the HHS mandate against the company.
"Judge Kane's ruling today in favor of a religious for-profit plaintiff challenging the coercive HHS mandate got the law right. Religious liberty rights don’t stop at the store-front door," said Hannah Smith, Senior Counsel at the Becket Fund for Religious Liberty. "This decision portends the demise of the current Administration’s attempts to drive religious activity from the public square and confine it within the four walls of a church."
The Health and Human Services (HHS) federal mandate in question would require employers of religious institutions to be legally required to pay for insurance that provides abortion-inducing drugs, contraception, and sterilization procedures to employees.
The Newland family – who owns and operates a for-profit company, Hercules Industries, a private HVAC equipment manufacturer – sued to protect its right to administer its self-insured employee plan for its 265 full-time employees in a way that comports with the family’s religious faith. Its employee health plan does not currently cover abortion-inducing drugs, sterilization, or contraceptives, but would have been forced to do so beginning August 1st but for today’s ruling.
The Becket Fund for Religious Liberty were the first to file lawsuits against the HHS mandate representing 5 clients: Belmont Abbey College, Colorado Christian University, Eternal Word Television Network (EWTN), Ave Maria University, and Wheaton College. There are currently over 20 lawsuits pending around the country against the HHS mandate.