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Judge Sides With Colorado Company That Opposes Contraception
http://denver.cbslocal.com/2012/07/30/judge-sides-with-colorado-company-that-opposes-contraception/6/ ^ | 30 July 2012

Posted on 08/12/2012 9:39:37 AM PDT by Lorianne

A judge has sided with a Colorado company whose owners oppose contraception and blocked a federal mandate that the company’s health insurance for employees include birth control coverage.

The mandate stems from President Obama’s controversial Affordable Care Act.

Senior U.S. District Judge John Kane issued an order Friday that bars the government from enforcing the requirement against Hercules Industries, Inc., a Denver heating and air conditioning company.

The judge, in an 18-page decision, cited the owners’ religious rights as the basis for his temporary injunction. The owners are Roman Catholics whose religious beliefs are consistent with the church’s teaching against contraception.

The injunction applies only to the one company and is in effect at least until the judge decides the outcome of the owners’ lawsuit which alleges the requirement violates their religious rights.

However, the mandate for birth control coverage as part of the Affordable Care Act generally applies overall to employers with 50 or more full-time workers and takes effect Nov. 1.

Other companies could cite religious freedom to ask federal judges to block the mandate.

The Obama administration mandated that federally approved contraceptive methods and sterilization procedures be part of the health coverage provided by employers at no cost to female employees.

Some religious organization that are employers are exempt from the requirement to cover contraceptive services.

For purposes of his temporary injunction, Kane said the public interest in the free exercise of religion outweighs the act’s goals of improving the health of women and equalizing health insurance coverage of preventive services for women.


TOPICS: Constitution/Conservatism; Government; US: Colorado
KEYWORDS: altereddate; carterappointee; herculesindustries; johnkane; obamacare; religiousfreedom; sourcetitlenoturl

1 posted on 08/12/2012 9:39:40 AM PDT by Lorianne
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To: Lorianne

If the fat cat unions and Obama cronies and contributors can get waivers to opt out of ObamaCare, Catholic church agencies and Christians opposed to abortion and contraception should certainly get these waivers.


2 posted on 08/12/2012 10:00:57 AM PDT by txrefugee
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To: Lorianne

For purposes of his temporary injunction, Kane said the public interest in the free exercise of religion outweighs the act’s goals of improving the health of women and equalizing health insurance coverage of preventive services for women.


This should not be the test. The proper test is, “Does the government have any right to be in this arena in the first place?”


3 posted on 08/12/2012 10:04:44 AM PDT by Steamburg (The contents of your wallet is the only language Politicians understand.)
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To: Steamburg
This should not be the test. The proper test is, “Does the government have any right to be in this arena in the first place?”

Well, as tthe arena is corporate governance and not healthcare per se, the answer is, "yes."

For average Americans, therefore, the proper question is "by what legal mechanism does the government impose corporate rules upon free people?"

4 posted on 08/12/2012 11:23:39 AM PDT by Talisker (One who commands, must obey.)
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To: All; Lorianne

The judge is a CARTER appointee. How did this happen?


5 posted on 08/12/2012 2:18:26 PM PDT by newzjunkey (Election night is 86 days away.)
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