HHS loses mandate case in Oklahoma federal court to 200 Catholic employers

Hotair ^ | 06/07/2014 | Ed Morrissey

[SeekAndFind]

The real stage for the HHS contraception mandate will be the Supreme Court, where arguments have already been heard on the Hobby Lobby and Conestoga cases involving private-sector secular employers. The fight still continues in lower courts, however, and also in regard to religious employers. In Oklahoma, a federal judge issued an injunction on Wednesday blocking enforcement on more than 200 Catholic employers and thousands of parishes, thanks to a lawsuit filed in March by the Catholic Benefits Association. It is one of the few class-action suits being brought against the contraception mandate:

A government attorney declined to comment Thursday while Catholic officials praised a ruling by U.S. District Judge David Russell that granted an injunction that exempts members from any fines or penalties arising from not complying with the provision while their objections are litigated.

The association — which includes archdioceses, an insurance company and a nursing home across almost 2,000 Catholic parishes nationwide — believes in the Catholic teaching that their ministries should include health care to their employees. But members “also believe in the Catholic teaching that any artificial interference with the creation and nurture of new life is wrong,” Russell said.

“The harm posed to these plaintiffs absent relief is quite tangible — they will either face severe monetary penalties or be required to violate their religious beliefs,” he said.

CBA issued a statement shortly afterward:

The CBA’s general counsel, Martin Nussbaum, noted “this ruling is especially gratifying because this lawsuit, alone among the HHS contraceptive mandate cases, includes three groups of Catholic employers—“houses of worship” that are, by regulation, exempt; non-exempt ministries like colleges, Catholic Charities, and healthcare institutions; and Catholic-owned for profit businesses.” It is also one of only a few class action suits in this unprecedented situation in which so many religious groups have sued the federal government because its Mandate violates their religious beliefs.

Archbishop Paul Coakley, who also serves as VP to the CBA, praised the ruling in a separate statement:

“I’m heartened by today’s ruling,” Archbishop Coakley said. “Judge Russell was right to recognize that the Catholic employers of the Catholic Benefits Association have a right to allow their faith to inform not just their private beliefs, but also their public actions.

“The administration has been discriminatory to grant relief to some Catholic employers and not others based on whether they operate within the diocesan structure or at separately incorporated charitable organizations and for-profit businesses,” he explained. “Whether bishops or businessmen, Catholics cannot in good conscience provide employees with insurance that covers drugs and procedures that undermine the dignity of the human person and the sanctity of human life.”

“Today is a very good day for proponents of religious liberty in general and for the Catholic Benefits Association in particular,” he added.

The CBA provides health insurance and other benefits to more than 450 employers and parishes around the country. The injunction applies to all of those who get benefits through CBA, which makes it an attractive option now for employers who wish to follow their own religious values when offering benefits — at least as long as the injunction stands. The CBA does provide services for for-profit businesses as well as non-profits and church-related employers, so it may attract some significant new interest after this week’s developments.

This isn’t the end of the case, of course. But even if Hobby Lobby and Conestoga fail, there may be a better case for the Supreme Court to draw a line on interference with religious liberty with the new CBA case developing in Oklahoma. We’ll keep our eyes peeled.

Note: Our former associate editor Tina Korbe Dzurisin works as communications director for the Archdiocese of Oklahoma City.

[molson209]

Now bring the Clowns , I mean Obama/Holder approved Judges

[PapaNew]

HHS: a $1 TRILLION unconstitutional, useless, and harmful bureaucracy that needs to be nuked.

1st step in cutting government size and spending.

[Salvation]

**“I’m heartened by today’s ruling,” Archbishop Coakley said. “Judge Russell was right to recognize that the Catholic employers of the Catholic Benefits Association have a right to allow their faith to inform not just their private beliefs, but also their public actions.**

BTTT!

[Norm Lenhart]

I do not understand why TEA candidates do not simply run on platforms of overturning EVERYTHING that has occured since these fools were elected.

Most of America would be behind them...including a lot of Democrats.

[Gene Eric]

Precedent established. Too late. Can’t change it.

[jaydee770]

Given that Boehner and McConnell are cruising to reelection, I fear you may be mistaken about who would support the tea party. Clearly, we have to start growing more conservatives and keep an eye on the long game. Short term, it seems there are still too many folks voting with their hand held out for freebies from uncle sugar.

[PapaNew]

The atheist Fabian Progressive Socialist movement asserted its efforts to overturn the American constitutional republic in the 1900's, amped up in the 1930's and beyond. Since around 1900, they have unconstitutionally expanded the scope and power of the federal government, continually overturning previous SCOTUS precedent with little or no constitutional-based explanation and passed unconstitutional laws.

What a dream it would be to basically overturn all federal laws by legislation or SCOTUS decision since 1900. America would be a free country.

But it would be a free country in a vacuum, becasue the people are not ready to take the power, bravery, and risk associated with freedom. The key to the whole deal is reeducating the hearts and minds of a vast number of Americans about the real meaning of the slavery of big government and freedom from government coercion.

[Norm Lenhart]

Maybe. But then again, mo one is running against them and forcing them to stand to account for their actions either. Remove normalicy bias and things ‘might’ change.

[GeronL]

I am sure the judge shopping has already began for a new trial

[Luircin]

At least they were primaried, and at least we’re starting to fight back. We might not take out the big ones just yet, but we’re starting to take over our own party once again. And about time.

[DariusBane]

Well said. My tagline agrees with you as well.

[Salvation]

BTTT for this story.

[RedMDer]

Good victory for Christians and a good victory for the Constitution.

It is a shame that it takes a law suit to allow us to actually be allowed to practice our 1st Amendment Right in our daily lives and outside of a church building.