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-DC Circuit Strikes Down The HHS Contraceptive Mandate

by Dr. D ~ November 1st, 2013


Today the DC Circuit Court of Appeals struck down the Obamacare HHS Contraceptive Mandate over the issue of religious freedom and conscience. Here’s the story from Breitbart’s Big Government:

On Friday, the DC Circuit Court of Appeals struck down the birth control mandate in Kathleen Sebelius’ Department of Health and Human Services regulations under Obamacare. The court said that religious business owners could not be forced to buy contraceptive coverage for their employees.

Judge Janice Rogers Brown wrote, “The burden on religious exercise does not occur at the point of contraceptive purchase; instead, it occurs when a company’s owners fill the basket of goods and services that constitute a healthcare plan.”

<Read the whole article>

Response: It is time to celebrate. This is a tremendous victory from the nation’s 2nd highest court. This particular case involved Christian business owners who believed that the HHS Mandate, that forced them to provide insurance which paid for contraceptives and abortifacients, was a violation of their religious freedom and this court agreed.

I was confident that the courts would support allied religious organizations in their lawsuits against the HHS Mandate but was far from secure that Christian business owners would be as successful in their cases. In fact just last month the Obama administration was confident enough in their prospects for victory against business owners that they actually asked the Supreme Court to quickly consider a similar lawsuit brought by the owners of the Hobby Lobby co.

Now only the Supreme Court remains and hopefully they will put the HHS Mandate permanently in the circular file. I now believe that it is unlikely that they will overturn this decision. There are still over 100 lawsuits brought by religious organizations in play against the Mandate. I can’t imagine any of those cases going a different direction so there should be many more defeats ahead for the Obamacare HHS Mandate before religious freedom is secure once more in America.            *Top

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3 Responses to -DC Circuit Strikes Down The HHS Contraceptive Mandate

  1. Brian

    There are other implications besides the direct application to contraception. This is a big win for small businesses who do not wish to participate in/endorse homosexual weddings. A bakery in Oregon was recently driven out of business due to its refusal to provide wedding cakes/etc for a gay wedding. A photographer in New Mexico faces considerable fines for declining to participate in a gay wedding. A Mennonite couple in Iowa is facing prosecution (well, actually, persecution) for refusing to rent a venue for a gay wedding.

    The court might easily have held: “The burden on religious exercise does not occur at the point of [gay wedding]; instead, it occurs when a company’s owners fill the basket of goods and services that [will be used in the wedding].”

    The DC circuit is considered rather liberal so its holding is even more impressive.


  2. Dr. D

    Logically you should be right but the cases which involve homosexual weddings could be cast as two competing ‘civil rights’ among citizens. That could give liberal activist judges the power to choose the ‘winner’ that they want.

    This case was against the government which is more clearly defined in the Constitution as being limited when it comes to trouncing upon the rights of the people. It is why President Obama is among those who refer to the Bill of Rights as ‘negative rights’ since they limit the power of the Government in its dealings with the people.

  3. -7th Circuit Blocks HHS Contraception Mandate for Catholic Business Owners | ANSWERS For The Faith

    […] win against the HHS Mandate to date recently came from the second highest court in the land- The DC Circuit. However, since there is still the questions raised by the Third and Sixth Circuits over standing […]

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