The birth control mandate in the Affordable Care Act is failing in courts even after revisions made by the Obama administration.
The U.S. District Court in Fort Myers ruled that Ave Maria University will receive a temporary exemption from the Health and Human Services mandate.
“Upon consideration of the record, the submissions of the parties, and the relevant law, it is the Court’s conclusion that Ave Maria’s motion for preliminary injunction should be granted,” read the Court’s ruling. “This preliminary injunction takes effect immediately, and shall remain in effect pending entry of final judgment in this matter or further order of this Court.”
The school had brought suit against the mandate in February 2012.
“It is a sad day when an American citizen or organization has no choice but to sue its own government in order to exercise religious liberty rights guaranteed by our nation’s Constitution,” said Ave Maria President Jim Towey to The Christian Post. “Allowing a U.S. president of any political party or religious affiliation to force conformance to his or her religious or secular orthodoxy through executive action, is a perilous precedent.”
The lawsuit had initially been dismissed because the administration said they would be revising the rules to be more tolerant of those with faith but the court found the revised rules are also violations of religious belief.
A federal judge has granted a temporary health care mandate injunction to close to 200 Catholic employers.
The preliminary injunction says the employers do not have to provide coverage for contraceptives, especially those that cause abortions, and will not be subject to all fines and penalties for not providing those items.
The Catholic Benefits Association filed the lawsuit against the Obama Administration’s “Affordable Care Act” in March claiming it violated their religious freedom.
“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,” U.S. District judge David Russell wrote in his ruling.
Lawyers for the plaintiffs were very pleased with the ruling.
“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,” Martin Nussbaum, CBA General Counsel, told CNS News.
A federal court has ruled the Department of Health and Human Services cannot enforce the birth control mandate on two Christian colleges.
The court ruled Dordt College in Iowa and Cornerstone University in Michigan are exempt from the mandate while their appeals work their way through the federal court system.
U.S. District Court Judge Mark W. Bennett said in his ruling that to impose the mandate would likely cause “irreparable harm” to the colleges because it would be “to the detriment of their religious exercise.” He said the colleges are likely to succeed in their cases on the merits and that if the courts rule against the colleges the worst that can happen is that it would take a few more months to implement the policy.
Judge Bennett said that he is also delaying a ruling in the case because of the similar cases before the Supreme Court with Hobby Lobby and Conestoga Woods. He said the decision of the court will likely have a direct impact on the case and his ruling.
A ruling from the court is expected later this summer.
The Alliance Defending Freedom, who is defending the colleges, said the decision was sound because Christian colleges should have the right to behave according to their religious convictions.
