The 10th Circuit Court of Appeals in Denver decided the Oklahoma City-based arts and crafts chain can proceed with its case and won’t be subject to fines in the meantime.
The reprieve gives Hobby Lobby Stores Inc. more time to argue in a lower court that for-profit businesses – not just currently exempted religious groups – should be allowed to seek an exception if the law violates their religious beliefs. The company had sued to overturn the mandate on grounds that it violates the faith of founder and CEO David Green and his family.
The appeals court remanded the case for more argument, but the judges indicated Hobby Lobby had a reasonable chance of success.
“Sincerely religious persons could find a connection between the exercise of religion and the pursuit of profit,” the judges wrote. “Would an incorporated kosher butcher really have no claim to challenge a regulation mandating non-kosher butchering practices?”
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