Loading
Court ruling allows religious freedom lawsuits to proceed with hope
Hannah Smith, Senior Counsel. Courtesy of the Becket Fund.
Hannah Smith, Senior Counsel. Courtesy of the Becket Fund.

.- In the wake of the Supreme Court’s decision to uphold the 2010 health care law, a leading religious freedom law firm has new confidence in the future of its lawsuits against the federal contraception mandate.

Hannah Smith, senior counsel at The Becket Fund for Religious Liberty, explained that the arguments against the law that were recently rejected by the court are “separate and distinct legal challenges” from those being brought against the contraception mandate.

In a June 28 press call shortly after the Supreme Court announced its ruling, Smith said that in this case, the court was not asked to review the religious liberty issues surrounding the contraception mandate.

Rather, its decision dealt solely with the overarching law itself, particularly a requirement that virtually everyone must buy health insurance and a provision dealing with the expansion of Medicaid.

The high court upheld the Patient Protection and Affordable Care Act by a vote of 5-4, but did not rule on the contraception mandate, a separate requirement issued by the Department of Health and Human Services under the authority of the act.

This controversial mandate will require employers to offer health insurance plans that cover contraception, sterilization and early abortion-inducing drugs, even if doing so violates their consciences. Failure to comply will result in crippling fines.

The mandate has been criticized by members of various religions and political affiliations, including bishops from every diocese of the U.S., who warned that it could force Catholic hospitals, schools and charitable agencies to close down.

More than 50 plaintiffs – including nonprofit organizations, Catholic dioceses, religious universities and private business owners – have filed lawsuits against the mandate, arguing that it violates the religious liberty of individuals and organizations that object to its requirements.

If the court had struck down the health care law, the mandate would have disappeared by default. Since it did not, Smith explained, the legal battles will move forward, untouched.

However, she said, two statements in the June 28 decision hint at what the court’s future ruling on the contraception mandate could be.

She pointed to the majority opinion, penned by Chief Justice John Roberts, which states, “Even if the taxing power enables Congress to impose a tax on not obtaining health insurance, any tax must still comply with other requirements in the Constitution.”

The opinion of Justice Ruth Bader Ginsburg, joined by Justices Sonia Sotomayor, Stephen Breyer and Elena Kagan, was even more explicit, she said.

Ginsberg wrote, “A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.”

The direct mention of religious freedom as a reason to find such a mandate unconstitutional is a hopeful sign in the battle over the contraception requirement, Smith said.

She explained that these two statements are “essential” in suggesting that the court may strike down the contraception mandate if asked to rule on it, a positive indication for defenders of religious freedom.

Mark Rienzi, law professor at The Catholic University of America and senior counsel at the Becket Fund, added that it is “commonplace” for courts to find a regulation unconstitutional even when the law under which it was issued is constitutionally acceptable.

The Becket Fund, a non-profit law firm that works to protect religious freedom for all people, has paved the way in challenging the mandate, representing four different clients in filing lawsuits against it.

In a statement shortly after the ruling, Smith explained that the Becket Fund’s lawsuits will continue making their way through the court system.

“Never in history has there been a mandate forcing individuals to violate their deeply held religious beliefs or pay a severe fine, a fine which could force many homeless shelters, charities, and religious institutions to shut their doors,” she said.

Tags: Contraception mandate, Religious freedom, Health care law


Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)

Featured Videos

#PAUSEforPeace Initiative
#PAUSEforPeace Initiative
Dedicating art to San Juan de la Cruz
A state without territory elects new government
The renewal of the Legionaries of Christ
Presentation of the book "The Pastor"
Synod on the Family October 2014
Preferential option for the poor
God is alive, even in sport
'A forbidden God' named Best Film at the International Catholic Film Festival
Vatican backs a 'Pause for Peace' during World Cup final
The effects of religious violence in Sarajevo 
The origin of Corpus Christi 
Corpus Christi at the Vatican 
Homage to an Indian Cardinal
Train of the Child's Light
New book explaining gestures of the Mass
Encounter between Pope Francis and the Charismatic Renewal in the Spirit Movement.
Religious tensions subside amid Balkan floods
John Paul II Center for Studies on Marriage and Family
Saint John Paul II on cartoon
Jul
28

Liturgical Calendar

July 28, 2014

Monday of the Seventeenth Week in Ordinary Time

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Mt 13:31-35

Gospel
Date
07/28/14
07/27/14
07/26/14

Daily Readings


First Reading:: Jer 13: 1-11
Gospel:: Mt 13: 31-35

Saint of the Day

St. Victor I, Pope »

Saint
Date
07/27/14

Homily of the Day

Mt 13:31-35

Homily
Date
07/28/14
07/27/14
07/26/14

Ads by AdsLiveMedia.com

Ads by AdsLiveMedia.com
     HTML
Text only
Headlines
  

Follow us: