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Missouri business granted injunction against HHS mandate
cna ^ | November 29, 2012

Posted on 11/29/2012 3:16:53 PM PST by NYer

St. Louis, Mo., Nov 29, 2012 / 11:34 am (CNA/EWTN News).- A federal appeals court on Nov. 28 granted a Catholic business owner in Missouri an injunction against the Department of Health and Human Services mandate that he says violates his religious freedom by forcing him to provide insurance coverage for morally objectionable drugs and procedures.

“The order sends a message that the religious beliefs of employers must be respected by the government,” said Francis Manion, Senior Counsel of the American Center for Law and Justice.

The center is representing Frank O’Brien and his St. Louis-based business O’Brien Industrial Holdings, LLC, which operates many businesses in ceramic materials exploration, mining and processing.

“We have argued from the beginning that employers like Frank O'Brien must be able to operate their business in a manner consistent with their moral values, not the values of the government,” Manion said Nov. 28. “We look forward to this case moving forward and securing the constitutional rights of our client.”

The HHS mandate requires that most businesses with 50 or more employees provide the coverage as “preventive care” for women. Violators face fines of $100 per employee per day.

The injunction from the U.S. Court of Appeals for the Eighth Circuit blocks the implementation of the mandate for O’Brien’s business. In October, a federal district judge had dismissed the lawsuit.

O’Brien’s 87-employee business was the first private business to challenge the mandate.

The company’s website states that its mission is “to make our labor a pleasing offering to the Lord while enriching our families and society.” Its values statement stresses integrity in conduct “guided by the Golden Rule and the Ten Commandments” while also pledging not to discriminate based on anyone’s beliefs.

O’Brien has created several programs to help employees purchase homes, fund their children’s college education and save for retirement.

Missouri law mandates contraception coverage in employee health care plans, but exempts employers with religious objections.

The federal mandate’s present religious exemption applies only to non-profit organizations that primarily serve and employ people of the same religion and have the inculcation of religious values as their primary purpose. The exemption is so narrow that it may not apply to Catholic non-profit employers like colleges, health care systems and charities.

The Obama administration proposed a broader exemption in February, but its details are still unclear. President Obama’s re-election campaign attacked the Republican candidate Mitt Romney for supporting federal legislation that would secure a broader exemption.

Over 40 lawsuits have been filed against the HHS mandate, representing over 110 plaintiffs. Plaintiffs include Catholic dioceses, the University of Notre Dame and the EWTN Global Catholic Network as well as Protestant organizations like the Virginia-based Liberty University and the Bible publisher Tyndale House Publishers.

They say the mandate violates their religious freedom protected by the U.S. Constitution and federal law and forces them to provide coverage for drugs and procedures to which they have religious and moral objections.

The Christian-owned retailer Hobby Lobby is the largest private business to challenge the mandate on the grounds its owners object to providing abortion-causing drugs in their employee insurance plans.

The company is appealing a Nov. 20 federal court’s refusal of a request for a legal injunction against the mandate. The employer of over 13,000 full-time employees could face $1.3 million in daily fines if it does not comply.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Extended News
KEYWORDS: hhs; mandate; obamacare

1 posted on 11/29/2012 3:17:00 PM PST by NYer
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To: netmilsmom; thefrankbaum; Tax-chick; GregB; saradippity; Berlin_Freeper; Litany; SumProVita; ...
Hope still looms on the horizon.

Catholic ping!

2 posted on 11/29/2012 3:18:25 PM PST by NYer ("Before I formed you in the womb I knew you." --Jeremiah 1:5)
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To: NYer

BTTT


3 posted on 11/29/2012 3:18:41 PM PST by morphing libertarian
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To: NYer

You know what? This is a very slippery slope. While I am a devout Catholic and do not in any way, shape or form support abortion, if the law of the land is that religious beliefs prevail, we are more likely than not to get taken over by Islam. I don’t know what is the answer. I would have to analyze it some. There has to be an answer.


4 posted on 11/29/2012 3:25:09 PM PST by yldstrk (My heroes have always been cowboys)
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To: yldstrk

We need Catholics like you like we need Roberts.

Stand and be counted, or leave. Decide.

If you love contraception that much, we don’t need you.


5 posted on 11/29/2012 3:29:19 PM PST by JCBreckenridge (They may take our lives... but they'll never take our FREEDOM!)
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To: NYer

The 0bama crowd created a real mess! Only by standing up the the marxists can we hope to regain some freedom.


6 posted on 11/29/2012 3:29:46 PM PST by I want the USA back (Obama is the new Christ. We're doomed.)
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To: NYer

“The order sends a message that the religious beliefs of employers must be respected by the government,” said Francis Manion, Senior Counsel of the American Center for Law and Justice.

www.aclj.org

Go Jay!


7 posted on 11/29/2012 3:31:59 PM PST by presently no screen name
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To: yldstrk

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

What part of Congress shall enact no law that you do not understand?


8 posted on 11/29/2012 3:32:39 PM PST by impimp
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To: yldstrk
Sorry, Islam goes to the government for special privilege, usually under the guise of protection from Christians and Jews.

They are not about to oppose the government ~ and that's what this is about, the imposition of government moral values on private individuals in violation of their own religious beliefs ~ see FIRST AMENDMENT.

Now, for why that's important, see SECOND AMENDMENT. The Huguenots refused to stack arms at the completion of the French Religious Wars. That kept them in business another century. Today both Protestants and Catholics agree there are limits on state intrusion into religious and moral issues.

9 posted on 11/29/2012 3:37:04 PM PST by muawiyah
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To: yldstrk

From Catholic Vote email:

Dear Friend of CV,

Wow!

Within hours of sending our email message yesterday, we got the news.

The Federal Court of Appeals for the 8th Circuit in St. Louis last night agreed to block the implementation of the HHS Mandate against our client – Catholic businessman Frank O’Brien – while we pursue our appeal of the lower court decision.

Praise God!

The court agreed with our request to put the breaks on the mandate while we challenge its constitutionality and pursue our case to restore religious freedom.


10 posted on 11/29/2012 3:38:13 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: I want the USA back

Why do you have such a tagline as to deny Jesus Christ?


11 posted on 11/29/2012 3:38:54 PM PST by presently no screen name
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To: yldstrk; NYer
To be clear, this ruling only stops the enforcement of the mandate against Frank O'Brien's company. But the Court traditionally does not grant such a motion unless they believe we have a solid case, and have a reasonable change to win.

This is a significant step considering that the ruling was made on behalf of a private business – not a religious organization. Of course religious organizations deserve protection from the mandate, but so does every American. We want religious freedom for everyone!

I am emphasizing to the media that while Mr. O’Brien’s company is not a religious organization, he does not view his faith as something separate from his professional work. Christians do not check their faith at the church door on Sundays. We are called to live out our faith in everything we do.

Yesterday's decision by the U.S. Court of Appeals for the Eighth Circuit marks the highest court yet to issue an injunction against the HHS mandate.

But now we enter the most important part of this legal challenge. Writing legal briefs for our appeal are now underway. This is where things get interesting. And challenging. And expensive.



12 posted on 11/29/2012 3:39:46 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: Salvation

http://www.freerepublic.com/focus/news/2964202/posts?page=12#12

was from the email too.


13 posted on 11/29/2012 3:41:47 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: JCBreckenridge

well I didn’t specify contraception, but I don’t approve of it either. And you do need Catholics like me, I think sex is for marriage, for procreation.

If you have the answer to my unanswered question, spit it out. My question is a very real concern. If we are going to allow moslems to exercise their freedom of religion, it includes murdering infidels, now do you get it? Can Congress enact a law prohibiting murders of infidels? Think, junior, think


14 posted on 11/29/2012 3:45:40 PM PST by yldstrk (My heroes have always been cowboys)
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To: yldstrk

“My question is a very real concern. If we are going to allow moslems to exercise their freedom of religion, it includes murdering infidels, now do you get it? Can Congress enact a law prohibiting murders of infidels? Think, junior, think”

We no longer have that luxury to be concerned about future battles. Our faith is under direct assault now by this current administration. Are you going to stand and be counted?


15 posted on 11/29/2012 3:48:54 PM PST by JCBreckenridge (They may take our lives... but they'll never take our FREEDOM!)
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To: NYer

Then Hobby Lobby should get the same - seems two different courts- two different answers. another 0bamacare challenge going to scotus?


16 posted on 11/29/2012 3:50:31 PM PST by Godzilla (3/7/77)
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To: JCBreckenridge
We need Catholics like you like we need Roberts. Stand and be counted, or leave. Decide. If you love contraception that much, we don’t need you

you were a little hard on him/her....that person was merely reminding us that if all religious arguements recieve equal consideration, Islam will give us a zillion headaches to deal with.

17 posted on 11/29/2012 3:52:52 PM PST by terycarl
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To: JCBreckenridge

tell me how to “stand and be counted”, but I don’t think short sightedness benefits us. If I could find a conservative Catholic company to work for I would be overjoyed. I am on the other side of the state in Kansas City, where I would guess most of the Catholics voted Democrat.


18 posted on 11/29/2012 3:53:44 PM PST by yldstrk (My heroes have always been cowboys)
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To: yldstrk

Your example is pretty outlandish.


19 posted on 11/29/2012 3:57:58 PM PST by CityCenter (Compromise is the welcome mat to deception.)
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To: terycarl

Islam and Sharia demands that certain hardships be imposed on non-Muslims. Our constitution protects us, the non-Muslims in this case. Muslims hate our Constitution for this reason.


20 posted on 11/29/2012 4:07:08 PM PST by impimp
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To: yldstrk
You know what? This is a very slippery slope. While I am a devout Catholic and do not in any way, shape or form support abortion, if the law of the land is that religious beliefs prevail, we are more likely than not to get taken over by Islam. I don’t know what is the answer. I would have to analyze it some. There has to be an answer.

Yes there is an answer. If people find that their religious beliefs are being restricted by the government, then the government is doing something it should not be doing and should butt out. This doesn't giver preference to Islam or any other religion. It just restricts the scope of government to what it aught to be.

21 posted on 11/29/2012 5:06:41 PM PST by Vince Ferrer
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To: CityCenter
Your example is pretty outlandish.

Not under this administration.

22 posted on 11/29/2012 5:35:09 PM PST by pilipo (GOP=Gutless Old Party)
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To: yldstrk; JCBreckenridge; terycarl
If we are going to allow moslems to exercise their freedom of religion, it includes murdering infidels

We've lived for over 200 years with the First Amendment ans so far no Muslim emerged to claim a constitutional right to kill infidels.

The First Amendment indeed guarantees the Muslim the same rights as the Catholics: to exercise their religion unmolested by the government. If the government, for example, demanded that the Muslim eat pork, not take a break from work to pray, or denounce Mohammed, that would violate their right to exercise religion just like now O'Brian's rights are about to be violated, and we should stand up for the Muslims' rights as well.

If, hypothetically a religion were found that advocates murder, then obviously such would not be a religion the Founding Fathers had in mind as it would violate the rights of those outside of it, including the right to practice their religion and not be murdered for it.

We are fine with the First Amendment just the way it is written and as applied to any recognized religion, including Islam.

23 posted on 11/29/2012 5:42:26 PM PST by annalex (fear them not)
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To: yldstrk
If you have the answer to my unanswered question, spit it out. My question is a very real concern. If we are going to allow moslems to exercise their freedom of religion, it includes murdering infidels, now do you get it? Can Congress enact a law prohibiting murders of infidels? Think, junior, think

Unlike you assert -religious liberty has limits and the inalienable rights of others clearly qualify as rights that the government is tasked with protecting.

Government has no right to tell people what to buy for any reason and most assuredly for any inalienable reason -one that government is are specifically limited from as documented in the Constitution!

24 posted on 11/29/2012 7:15:02 PM PST by DBeers (†)
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To: annalex

Well said.


25 posted on 11/29/2012 11:36:33 PM PST by JCBreckenridge (They may take our lives... but they'll never take our FREEDOM!)
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To: yldstrk

I hear your frustration, but we have to stand up for ourselves against this administration. This is a victory today for our own religious freedom. The more we stand up and insist that we be given an option to opt out of Obamacare, the better off we will be. If we do not stand up - then we will be crushed and it won’t matter whether sharia takes over, because we won’t be around to see it.

Standing up for ourselves isn’t shortsighted - you concentrate on the battle today - because if we lose this, there is no ‘tomorrow’.


26 posted on 11/29/2012 11:39:51 PM PST by JCBreckenridge (They may take our lives... but they'll never take our FREEDOM!)
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To: JCBreckenridge
I should add that while Islam is lacking a firm pro-life principles, allowing for abortion and contraception in limited circumstances(*), the Muslim have reasons to protest the HHS mandate as well, as it puts the funding decisions in the hands of the government without any distinction.

---
(*) so far as I can tell from interviewing Muslims; Islam, like Protestantism does not have a single authority on these issues.

27 posted on 11/30/2012 5:33:30 AM PST by annalex (fear them not)
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To: JCBreckenridge

Whoever thought we would be dealing with government repression in the US


28 posted on 11/30/2012 7:35:30 AM PST by yldstrk (My heroes have always been cowboys)
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To: presently no screen name
You don't seem to understand Sarcasm.
29 posted on 11/30/2012 8:38:59 AM PST by painter (Obamahood,"Steal from the working people and give to the worthless.")
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To: painter

I understand sarcasm but not blasphemy.


30 posted on 11/30/2012 9:38:26 AM PST by presently no screen name
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