Just the tip of the iceburg...
The Obama administration told a federal court
today that the Christian business Hobby Lobby must obey the HHS mandate that
forces religious companies to pay for drugs for women that may cause
abortions.
The privately held retail chain with more than 500 arts and crafts stores in
41 states
filed
a lawsuit against the Obama administration over its HHS mandate. The company
says it would face $1.3 million in fines on a daily basis starting in January if
it fails to comply with the mandate, which requires religious employers to pay
for or refer women for abortion-cause drugs that violate their conscience or
religious beliefs.
The lawsuit was filed in the US District Court for the
Western District of Oklahoma and the business says it is opposing the Health and
Human Services “preventive services” mandate, which it says forces the
Christian-owned-and-operated business to provide, without co-pay, the “morning
after pill” and “week after pill” in their health insurance plan, or face
crippling fines up to 1.3 million dollars per day.
“By being required to make a choice between sacrificing our faith or paying
millions of dollars in fines, we essentially must choose which poison pill to
swallow,” said David Green, Hobby Lobby CEO and founder. “We simply cannot
abandon our religious beliefs to comply with this mandate.”
But Kyle Duncan, general counsel of the
Becket Fund,
talked with National Review today about what
the Obama administration told the court:
The administration’s arguments in this case are
shocking. Here’s what they are saying: once someone starts a “secular” business,
he categorically loses any right to run that business in accordance with his
conscience. The business owner simply leaves her First Amendment rights at home
when she goes to work at the business she built. Kosher butchers around the
country must be shocked to find that they now run “secular” businesses. On this
view of the world, even a seller of Bibles is “secular.” Hobby Lobby’s
affiliate, Mardel, sells Bibles and other Christian-themed material, but because
it makes a profit the government has now declared it “secular.”
The administration’s position here — while
astonishing — is actually consistent with its overall view of the place of
religion in civil society. After all, this is the administration who argued in
the Hosanna-Tabor case last year in the Supreme Court that the religion clauses
of the First Amendment offered no special protection to a church’s right to
choose its ministers — a position that the Court rejected 9-0. This is the
administration which has taken to referring to “freedom of worship” instead of
“freedom of religion” — suggesting that religious freedom consists in being free
to engage in private rituals and prayers, but not in carrying your religious
convictions into public life. And this is the administration who crafted a
“religious employer” exemption to the HHS mandate so narrow that a Catholic
charity does not qualify for conscience protection if it serves non-Catholic
poor people.
As you point out, the administration is trying to
justify its rigid stance against religious business owners by saying otherwise
they would become a “law unto themselves,” and be able to do all sorts of nasty
things to their employees — like force them to attend Bible studies, or fire
them if they denied the divinity of Christ. Nonsense. Hobby Lobby isn’t arguing
for the right to impose the Greens’ religion on employees, nor for the right to
fire employees of different religions. There’s already a federal law that
protects employees from religious discrimination and that’s a very good thing.
This case is about something entirely different: it’s about stopping the
government from coercing religious business owners. The government wants to fine
the Greens if they do not violate their own faith by handing out free abortion
drugs, and now it’s saying they don’t even have the right to complain in court
about it
Duncan said the onerous provisions of the HHS mandate “will hit Hobby Lobby
in about two months — on January 1, 2013. At that point, it will face the choice
of dropping employee health insurance altogether (and paying about $26 million a
year in penalties), or continuing its current plan (which will expose it to
about $1.3 million in fines per day). So it is not hard to imagine why the
Greens felt they had no choice but to go to court.”
U.S. District Judge Joe Heaton did not rule on the company’s request for an
injunction but noted Hobby Lobby’s deadline for compliance.
“This does raise a lot of new and different issues,” he said. “There’s not a
lot of guidance out there.”
Hobby Lobby is the largest and the biggest non-Catholic-owned business to
file a lawsuit against the HHS mandate, focusing sharp criticism on the
administration’s regulation that forces all companies, regardless of religious
conviction, to cover abortion-inducing drugs.
It
has faced a small boycott from liberals upset that it would challenge the
mandate in court.
The Obama admin says there is an exemption in the statute but Duncan says
that is not acceptable.
“The safe harbor’s protection is illusory,” said Duncan. “Even though the
government won’t make religious colleges pay crippling fines this year, private
lawsuits can still be brought, schools are at a competitive disadvantage for
hiring and retaining faculty, and employees face the specter of battling chronic
conditions without access to affordable care. This mandate puts these religious
schools in an impossible position.”
Yesterday, the second plaintiff in one of the dozens of lawsuits
won
the first round of its legal battle against the Obama administration.