The Obamacare mandate that requires even religious employers to provide health insurance covering the abortion-inducing “morning after pill” has flopped in the courts, with more cases still pending across the country, according to a leading public-interest law firm specializing in such cases.
The Alliance Defending Freedom notes that the Obama administration has suffered 10 losses and only four victories in defending the Patient Protection and Affordable Care Act’s abortion-pill mandate in court, a losing record the alliance of attorneys advocating religious freedom celebrates.
“Americans should be free to honor God and abide by their consciences whether they’re at work, home or at church,” said ADF Senior Legal Counsel Matt Bowman. “Washington politicians can’t confine our faith to the four walls of our churches alone. Honoring God is important every day, in all areas of life, including in our work. The Obama administration’s attacks on faith and business prove that it doesn’t respect either one.”
The ADF points, for example, to an injunction won against the mandate by Tyndale House Publishers of Carol Stream, Ill., the world’s largest privately held Christian publisher of books, Bibles and digital media. Technically owned by the non-profit Tyndale House Foundation, the publisher furthermore directs 96.5 percent of its profits to religious non-profit causes worldwide and specifically objects to covering abortifacient drugs in its employee health plans.
Bowman had argued in court that regardless of Tyndale House’s for-profit status, its religious freedoms are protected by the U.S. Constitution.
The U.S. District Court for the District of Columbia ultimately agreed, issuing a preliminary injunction order against the mandate, accompanied by an opinion from U.S. District Judge Reggie B. Walton.
“The beliefs of Tyndale and its owners are indistinguishable,” Walton opined. “Christian principles, prayer and activities are pervasive at Tyndale, and the company’s ownership structure is designed to ensure that it never strays from its faith-oriented mission. The Court has no reason to doubt, moreover, that Tyndale’s religious objection to providing insurance coverage for certain contraceptives reflects the beliefs of Tyndale’s owners. Nor is there any dispute that Tyndale’s primary owner, the Foundation, can ‘exercise religion’ in its own right, given that it is a non-profit religious organization.”
“The court has done the right thing,” Bowman said when the opinion was released. “For the government to say that a Bible publisher is not religious is startling. It demonstrates how clearly the Obama administration is willing to disregard the Constitution’s protection of religious freedom to achieve certain political purposes.”
The Obama administration is currently facing a deadline next week to appeal the injunction.
The ADF similarly pointed the lawsuit filed on behalf of a non-profit college, Louisiana College v. Sebelius, in which a federal judge refused to grant the Obama administration’s motion to dismiss and instead issued a stay order just this week that preserves the college’s lawsuit and religious freedom claims through August.
The Obama administration also faces a deadline next week to appeal another injunction issued against the mandate in favor of Colorado’s Hercules Industries in the case Newland v. Sebelius.
The ADF notes its attorneys and allied attorneys are also litigating several other lawsuits against the mandate: one in Minnesota on behalf of Annex Medical, Inc.; another one in Indiana on behalf of Indiana’s Grace College and Seminary and California’s Biola University; and one in Pennsylvania on behalf of Geneva College and The Seneca Hardwood Lumber Company and its owners, the Hepler family.
The legal ministry has created a video explaining its work on fighting the Obamacare abortion-pill mandate: