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DOJ: Family Can't Run Their Business as Catholics
Townhall.com ^ | July 25, 2012 | Terry Jeffrey

Posted on 07/25/2012 6:42:23 PM PDT by Petrosius

William, Paul and James Newland and their sister, Christine Ketterhagen, who together own Hercules Industries, have no right to conduct their family business in a manner that comports with their Catholic faith.

The federal government can and will compel them to either surrender their business or to engage in activities the Catholic faith teaches are intrinsically immoral.

This is exactly what President Barack Obama's Justice Department told a U.S. district court in a formal filing last week.

Never before has an administration taken such a bold step to strip Americans of the freedom of conscience -- a right for which, over the centuries, many Christian martyrs have laid down their lives, and which our Founding Fathers took great care to protect in a First Amendment that expressly guarantees the free exercise of religion.

As the Founders understood, no government has legitimate authority to take this right away, because it does not come from government. It comes from God. The very purpose of government is to protect this right. A government that seeks to strip it away from the people is by that very process stripping away its own legitimacy.

What we are seeing from the Obama administration today -- in its attack on religious liberty -- is simply evil. When government seeks to compel individuals to act against their consciences and to engage in activities that, if willfully done, would imperil their immortal souls, there is no other word for it.

The Newland family owns and operates Hercules Industries, a Colorado-based corporation that manufactures heating, ventilation and air-conditioning equipment. Through their hard work and dedication, and through their willingness to reinvest their own money in building their family business, they have managed to create jobs for 265 people while exerting a positive influence on the communities they serve.

The Newlands believe the morality the Catholic faith teaches them must animate their lives not only within the walls of the churches they attend, but literally everywhere else, as well -- in the way they deal with their families, their neighbors and, yes, their business.

The Newlands sued to protect their free exercise of religion in this regard because Health and Human Services Secretary Kathleen Sebelius issued a regulation, under the Obamacare law, that requires virtually all health care plans to cover -- without cost-sharing -- sterilizations, artificial contraception and abortifacients.

Under Obamacare, businesses that employ more than 50 people must provide their employees with insurance or pay a penalty, and the required insurance must include the mandated cost-sharing-free coverage for sterilizations, artificial contraception and abortifacients.

At Hercules Industries, the Newlands provide a generous self-insured health-care plan to their employees. It does not cover sterilization, artificial contraception or abortifacients.

"The Catholic Church teaches that abortifacient drugs, contraception and sterilization are intrinsic evils," says the Newlands' lawsuit.

"Consequently, the Newlands believe that it would be immoral and sinful for them to intentionally participate in, pay for, facilitate or otherwise support abortifacient drugs, contraception, sterilization, and related education and counseling as would be required by the Mandate, through their inclusion in health insurance coverage they offer at Hercules," says the suit.

The Catholic Bishops of the United States endorse this view. At a meeting in Atlanta last month, they unanimously adopted a resolution calling the HHS regulation an "unjust and illegal mandate" and a "violation of personal civil rights." They declared that the regulation created a class of Americans "with no conscience protection at all: individuals who, in their daily lives, strive constantly to act in accordance with their faith and moral values.

"They, too," said the bishops, "face a government mandate to aid in providing 'services' contrary to those values -- whether in their sponsoring of, and payment for, insurance as employers; their payment of insurance premiums as employees; or as insurers themselves -- without even the semblance of an exemption."

In a letter read during Sunday Mass in most dioceses around the country earlier this year, many of the nation's bishops flatly said: "We cannot -- we will not -- comply with this unjust law."

In response to the Newlands' complaint that ordering them to violate the teachings of the Catholic Church in the way they run their business is a violation of their First Amendment right to the free exercise of religion, the Obama administration told the federal court that a private business has no protection under the First Amendment's free exercise clause -- especially if the business is incorporated.

"The First Amendment Complaint does not allege that the company is affiliated with a formally religious entity such as a church," said the Justice Department. "Nor does it allege that the company employs persons of a particular faith. In short, Hercules Industries is plainly a for-profit, secular employer."

"By definition," said the Justice Department, "a secular employer does not engage in any 'exercise of religion.'"

"It is well established that a corporation and its owners are wholly separate entities, and the Court should not permit the Newlands to eliminate that legal separation to impose their personal religious beliefs on the corporate entity or its employees," said the Justice Department.

This is just as if the Justice Department were to tell a family owned newspaper that it must publish editorials calling for a confiscatory estate tax, basing its coercion of the newspaper on the supposition (which lawyers for the Alliance Defending Freedom argue DOJ is by analogy making) that as a for-profit secular and incorporated employer, the paper has no First Amendment right to freedom of speech.


TOPICS: Government
KEYWORDS: religiousfreedom

1 posted on 07/25/2012 6:42:33 PM PDT by Petrosius
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To: Petrosius

How about as Mooslims?


2 posted on 07/25/2012 6:44:09 PM PDT by Libloather (The epitome of civility.)
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To: Petrosius

Obama is crushing everything because he is mad.


3 posted on 07/25/2012 6:48:19 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: freekitty

That’s right, conservatives! Vote for Virgil Goode because 4 more years of Obama is so much better than Romney!


4 posted on 07/25/2012 6:51:19 PM PDT by RayBob (If guns kill people, can I blame misspelled words on my keyboard?)
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To: Petrosius
"By definition," said the Justice Department, "a secular employer does not engage in any 'exercise of religion.'"

Looks like these guys are SOL, too.


5 posted on 07/25/2012 6:52:34 PM PDT by bunkerhill7 (???? . what??? Who knew? .)
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To: FRiends

THIS ENDS NOW!



Click the Pic


Support Free Republic

6 posted on 07/25/2012 6:52:40 PM PDT by deoetdoctrinae (Gun free zones are playgrounds for felons.)
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To: Petrosius

Obama hates true Catholics. He likes Catholics that are useful idiots, like the US bishops.


7 posted on 07/25/2012 6:53:01 PM PDT by Buddy Sorrell (No more Zero anymore!)
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To: freekitty

Not mad, just a through and through anti-American communist. Remember he wanted to transform this nation into his visit of America, which as his mentor and perhaps real father, Frank Marshall Davis said would be the United Soviet Socialist States of America.

All he as to do is get rid of those pesky Christians, whether Protestant or Catholic; especially those who cling to their Constitution, bible and guns.


8 posted on 07/25/2012 6:55:53 PM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: Petrosius

It’s like a nightmare. What kind of tyrants have we put in power?


9 posted on 07/25/2012 6:57:07 PM PDT by fidelis (Zonie and USAF Cold Warrior)
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To: freekitty
Obama is crushing everything because he is mad.

Obama's secret identity:

Don Julian Alvarado, "El Supremo".

10 posted on 07/25/2012 6:58:02 PM PDT by Petrosius
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To: Petrosius

But 0bama creating the ‘Office of African-American Education’ is acceptable?


11 posted on 07/25/2012 7:03:40 PM PDT by GeorgeWashingtonsGhost
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To: Buddy Sorrell
"He likes Catholics that are useful idiots, like the US bishops."

Did you actually READ the article?? The Catholic bishops are going all out against this assault on religious freedom. Also note that the Catholic bishops of today are not the knee-jerk liberals who once infested the US Catholic bishopry. Those folks are being shuffled off to "honorable retirement" as fast as Pope Benedict can arrange it.

12 posted on 07/25/2012 7:07:06 PM PDT by Wonder Warthog
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To: Petrosius

I find halal and kosher foods offensive. So I guess selling kosher and halal food will be stopped. ‘Bout time.


13 posted on 07/25/2012 7:08:37 PM PDT by Born to Conserve
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To: Wonder Warthog

Catholics have supported socialism in the US for decades, they supported the Healthcare law until opps it hurt them, they supported illegals, they support redistribution of wealth, except that of the church.


14 posted on 07/25/2012 7:16:53 PM PDT by stockpirate (Slaves to the collective! SCOTUS is just as corrupt as congress. IMPEACH ROBERTS!)
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To: Petrosius; FatherofFive; Cronos; wagglebee; dsc; Deo volente; MarkBsnr; Mad Dawg; ...
William, Paul and James Newland and their sister, Christine Ketterhagen, who together own Hercules Industries, have no right to conduct their family business in a manner that comports with their Catholic faith.

The federal government can and will compel them to either surrender their business or to engage in activities the Catholic faith teaches are intrinsically immoral.

Mr. Jeffrey is not spouting hyperbole in any fashion. We are looking at demanding an instance of immediate material cooperation in evil from the Newlands as a condition of their operating a business.

FORMAL CO-OPERATION

The deliberate concurrence in another person's usually sinful action. The co-operation is formal and always sinful if, besides giving external help of whatever kind, one interiorly wants the evil action to be performed. Formal co-operation is at least a sin against charity by doing spiritual harm to one's neighbor; frequently it is also a sin against another virtue, especially of justice.

MATERIAL CO-OPERATION

Assisting in another's wrongdoing without approving it. The help given assists a person to perform the sinful action, although of itself the help is not wrong. To provide necessary information to a thief, because one is forced to, would be material co-operation. Material co-operation with another person's evil action is allowed provided certain conditions are fulfilled. Such collaboration is licit because the co-operator does not internally approve of the sin of another, nor does he or she approve of the sinful use to which the assistance is put by the other. The following principles are standard in resolving this complex moral issue:

Two kinds of material co-operation are to be distinguished: immediate and mediate.

In immediate material co-operation, one person actually does something morally wrong with another person. Thus if a surgeon and an assistant are both engaged in actually aborting a fetus, the co-operation of the assistant is immediate. Immediate material co-operation in the sinful act of another is always wrong. It is pointless to say that a person who is not under duress performs a criminal action without intending to do so.

Mediate material co-operation is concurring in the wrong action of another, but not in such a way that one actually performs the act with the other or agrees with the evil intention of the other. While doing something that is in itself good or indifferent, a person rather gives an occasion to another's sin, or contributes something by way of assistance.

The morality of mediate material co-operation is to be judged on the principle of the double effect. In applying this principle, there are four basic norms to be observed. Among these norms is the obligation not to intend the evil effect (as would really be intended in immediate material co-operation) and the need for sufficient reason to permit the evil effect. The presence of a proportionate reason is not sufficient to allow what is called material co-operation.


15 posted on 07/25/2012 7:16:53 PM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good-Pope Leo XIII)
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To: Petrosius
Drip drip drip . . .

Slowly, steadily, . . . choices as we once them are taken away piece by piece. Outraged within and amongst ourselves, sitting idly by. Oh sure, we will go to the poles and vote. What do they say about repeating an action repeatedly and expecting a different result?

Representatives and statesman have obviously been pounded into submission by fear, lest they speak out loudly and with passion.

Exactly when do God fearing people stand up and say "HELL NO". . . We will not take it anymore!

Exactly when is enough, is enough? When they come for our guns? By then it will be too late.

When I was in school many decades ago . . . We were taught then, that if you wanted to change a law, you had to be willing to break the law. You had to be willing to serve time in jail. Through peaceful civil discourse, a minority of people can effectively change the law. I guess the only ones who were listening were the Marxist. The rest of us follow the rules. Thinking its getting time to stand up and be heard outside the polling booth.

People will loose a lot. Their business their homes. But many before have lost their lives in the name of freedom. What are we willing to lose.

16 posted on 07/25/2012 7:21:42 PM PDT by saywhatagain
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To: markomalley
I'd like to see some smart Christian CPA and lawyers band together and help people like this circumvent the law. The most obvious way to do this is to break the company up into several different companies, none of which employs more than 49 employees. That way, they won't be subject to the provisions of ObamaCare as I understand them.

There's a huge opportunity out there for people who can figure this sort of thing out.

17 posted on 07/25/2012 7:23:44 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: Petrosius

I agree with the DOJ position here.

A hundred thousand small and mid size, and a few dozen large corporations all reincorporate as Catholic Church associated entities and the Democrat Party will collapse in most Catholic dominant states.

If the DOJ wins this, and if the Bishops are more than blowing hot air, it could revolutionize the legal strategies of entrepreneurs in the country.

If a Muslim business owner requires all employees to pay 5% zakat to a Mosque, as a condition of employment, we’d all be freaking out.


18 posted on 07/25/2012 7:23:44 PM PDT by JerseyHighlander
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To: Petrosius
"It is well established that a corporation and its owners are wholly separate entities, and the Court should not permit the Newlands to eliminate that legal separation to impose their personal religious beliefs on the corporate entity or its employees," said the Justice Department.

If they are listed as being the persons of responsibility, when it comes to decisions made for the corporation, I believe they have every right to decide what they will spend the corporation's money on.

19 posted on 07/25/2012 7:27:30 PM PDT by SuziQ
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To: JerseyHighlander
I'm not so sure that the DOJ argument is legally sound here:

"It is well established that a corporation and its owners are wholly separate entities, and the Court should not permit the Newlands to eliminate that legal separation to impose their personal religious beliefs on the corporate entity or its employees," said the Justice Department.

If this is the case, what would prevent anyone from establishing a corporate entity -- under both IRS rules and the laws of that particular state -- in which adherence to Catholic teaching is written into the corporation's founding documents, corporate bylaws, etc.?

20 posted on 07/25/2012 7:29:18 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: JerseyHighlander
If a Muslim business owner requires all employees to pay 5% zakat to a Mosque, as a condition of employment, we’d all be freaking out.

Actually, I'd have no problem with this at all. Anyone who works for the guy is free to leave and go work somewhere else. If his work force is limited to people who are willing to pay that stupid "tax," I can't imagine he's going to be in business for very long.

21 posted on 07/25/2012 7:32:43 PM PDT by Alberta's Child ("If you touch my junk, I'm gonna have you arrested.")
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To: Petrosius

Has the SHTF yet? If not, what will it take? The most fundamental rights are being trampled and NOTHING is being done about it.

IF SECESSION NOT BE, THEN REVOLUTION MUST.


22 posted on 07/25/2012 7:44:12 PM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: Petrosius

I believe the recent SCOTUS decision pertaining to corporate entities expressing their first amendment rights, including freedom of religious speech, via campaign contributions established precedence and certainly entitles them to express their first amendment rights within the corporation.


23 posted on 07/25/2012 7:53:07 PM PDT by cport (How can political capital be spent on a bunch of ingrates)
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To: stockpirate
SOME Catholics have supported socialism in the US for decades, they supported the Healthcare law until opps it hurt them, they supported illegals, they support redistribution of wealth, except that of the church.

Fixed it. Similarly, SOME Fundies, SOME Jews, and SOME Moslems, not to mention SOME atheists—in various proportions—supported all the socialist drivel you mention. And a lot don't, especially now.

Wonder Warthog is correct in saying "the Catholic bishops of today are not the knee-jerk liberals who once infested the US Catholic bishopry. Those folks are being shuffled off to "honorable retirement" as fast as Pope Benedict can arrange it. ."

In the pews, with the passing of the Baby Boomers, the Catholics still in the Church are increasingly young, traditional, conservative—and fertile. Not your father's Catholic Church. Even back in the 1980s and '90s, Catholics by the tens of thousands got arrested for shutting down abortion mills, and have saved the lives of hundreds of thousands of babies ever since through pro-life pregnancy counseling centers. With that movement and the promotion of ultrasound imaging, the majority of the country now calls itself "pro-life."

Keep your political intelligence up to date and don't fight your allies, if you really want to win.

24 posted on 07/25/2012 8:00:04 PM PDT by SamuraiScot
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To: Petrosius

Obama’s argument is effectively that the First Amendment doesn’t apply to individuals, churches or businesses. It only applies to terrorists.


25 posted on 07/25/2012 8:10:31 PM PDT by LilAngel (FReeping on a cell phone is like making Christmas dinner in an Easy Bake Oven)
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To: Petrosius

If I don’t pay for witchcraft supplies for my employees I am forcing my religion on them?

I don’t know how much more of this insanity I can stand to watch. This is such a crock it would be laughable if it wasn’t such a dead-serious effort to rape the people of America out of their God-given freedoms.


26 posted on 07/25/2012 8:16:50 PM PDT by butterdezillion
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To: JerseyHighlander

These employees are not required to do a darn thing. Your comparison is totally wrong.

The company is refusing to buy abortifacients, sterilants, and contraceptives for the employees to use.

It would be like a Muslim company refusing to buy crucifixes and communion wafers.


27 posted on 07/25/2012 8:21:00 PM PDT by butterdezillion
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To: SamuraiScot

You certainly have a point. The Church changes in the US as those raised with great piety, great tradition, under devout priests and bishops pass on, and the younger are trapped in an extraordinarily casual and godless culture. It is somewhat miraculous in a “me” centered society that the young stay at all in the great Church.


28 posted on 07/25/2012 9:28:43 PM PDT by RitaOK (NO ROMNEY, NO COMPROMISE. NO WAY. NO HOW. NOT NOW. NOT EVER.)
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To: Petrosius

So Muslims get exempted from Obamacare, but Catholics have to help pay for abortion. This country is being run by an alien thug.


29 posted on 07/25/2012 10:50:41 PM PDT by mrsmel (One Who Can See)
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To: SamuraiScot

SOME Catholics have supported socialism (....)


Thank you for that fix. I, nor any parish I have ever belonged to, have ever supported Socialism or the redistribution of private wealth.


30 posted on 07/25/2012 11:09:56 PM PDT by 98ZJ USMC
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To: Petrosius

“The federal government can and will compel them to either surrender their business”

No wonder: You didn’t do that. Someone else did that!:


31 posted on 07/25/2012 11:11:16 PM PDT by garjog
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To: markomalley

You’re right. The only thing for any Catholic to do here is complete noncompliance with the law. As in total. A law that goes against natural law is no law, but evil, and we are obliged, as such, to disobey it. Utterly. If you are an employer, disregard the HHS mandate. If you are and employee, buy no insurance, since a 1 dollar fee specifically pays for abortion. Pay no taxes, either, since for the moment, once this is effective, a portion of your taxes pays for abortion, specifically. Obama is counting on people, Catholics especially, in this case, being weak-kneed about this. Show him he and his gang of apostates are wrong.


32 posted on 07/26/2012 2:37:39 AM PDT by sayuncledave (et Verbum caro factum est (And the Word was made flesh))
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To: stockpirate
"Catholics have supported socialism in the US for decades, they supported the Healthcare law until opps it hurt them, they supported illegals, they support redistribution of wealth, except that of the church.

The Church explicitly does NOT support socialism, nor direct "wealth distribution", though apparently many of the older US bishops and some priests and nuns don't understand that. And I can assure you that a great many Catholics are not supportive of ANY of those notions you listed. It remains to be seen whether, now that the American Church "has been mugged" by the gov't, positions and policies on other fronts will change among the hierarchy.

33 posted on 07/26/2012 4:25:17 AM PDT by Wonder Warthog
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To: stockpirate
I believe you might be mistaken as some CINOs have been mistaken. Please don't repeat that......

“Catholic social ministry begins and ends with Jesus Christ,” he said. “If it doesn’t, it isn’t Catholic.”

Archbishop Chaput


34 posted on 07/26/2012 4:15:54 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: stockpirate

Do you think teh Catholics on FR “support socialism?”


35 posted on 07/26/2012 4:18:18 PM PDT by Trailerpark Badass
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To: Trailerpark Badass; stockpirate
Some folks are so blinded by their irrational hate of the Mother Church, they let their hatred bleed into their screeches of rage.

Maybe an insulated Baptist from the DEEEEEEEEEEEP South, and they just discovered there's a whole new world out there with ideas “totully furren, an’ diffrent, too” to their experiences?

(Apologies to all truly Christian Baptists, it was just the first Christian sect that came to mind)

36 posted on 07/26/2012 10:57:06 PM PDT by Don W (You can forget what you do for a living when your knees are in the breeze.)
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