Appeals Court Delivers ‘Significant Victory’ for Religious Liberty in ObamaCare HHS Mandate Case
Photo Credit: AP Photo/Matt YorkIn a 2-1 ruling on Friday, a federal appeals court in Chicago upheld the rights of both individuals and companies to challenge Obamacare’s contraception-abortifacient-sterilization mandate.
It is the first decision of its kind in the ongoing litigation against the requirement that all employers — despite their deeply held religious beliefs — must arrange and pay for employee health insurance that covers no-cost contraceptives, abortion-inducing drugs, and sterilization, under penalty of fine.
“This is a significant victory for protecting the religious beliefs of individuals and corporations,” said Edward White, senior counsel of the American Center for Law and Justice, who represents one of the plaintiffs, an Illinois company.
“It is also important to note that the appeals court determined that the HHS mandate should not move forward against our clients while this issue is being litigated. It has been our position from the beginning that the HHS mandate violates America’s longstanding history of protecting conscience rights. The mandate is unlawfully compelling employers such as our clients to do the following: abandon their faith to comply with the law, or follow their faith and pay significant annual penalties to the federal government. The decision by the appeals court is encouraging as this issue heads to the Supreme Court.”
The ACLJ represents Korte & Luitjohan Contractors, Inc., a family owned, full-service construction contractor located in Highland, Illinois. The company provides a group health insurance plan for its non-union employees, which number about 20. Cyril B. Korte and Jane E. Korte own a controlling interest in the company and contend the HHS mandate violates their Catholic faith. The ACLJ filed a federal lawsuit on behalf of both the individuals and the company in October 2012.
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