(Washington, DC) - The American Center for Law and Justice (ACLJ), along with nearly 70,000 Americans, is calling on Health and Human Services (HHS) Secretary Kathleen Sebelius to change the mandate and "accommodation" on contraceptives to protect freedom of religion and the conscience rights of Americans. The ACLJ legal analysis, posted here, comes as nearly 70,000 Americans have signed on to an ACLJ petition urging Secretary Sebelius to reverse the troubling regulations.
"These regulations clearly violate religious liberty and the conscience rights of millions of Americans," said Jay Sekulow, Chief Counsel of the ACLJ. "The fact is the mandate and the compromise are not about health care. They represent a dangerous power play by the federal government. It's the ultimate in government intrusion, representing a significant threat to religious organizations. Our legal analysis is clear: this is not only bad policy, it is unconstitutional as well. We're calling on Secretary Sebelius to immediately revise the regulations to conform with the constitutional protections afforded to all Americans."
The ACLJ's 9-page legal analysis explains in detail why the mandate violates the First Amendment's Free Exercise Clause as well as the Religious Freedom Restoration Act (RFRA). The ACLJ letter also notes that the "accommodation" is "a smoke and mirrors game" that does nothing to remove the burden on religious exercise imposed by the contraception mandate.
The ACLJ urges Secretary Sebelius to take immediate corrective action:
"Whether mandating that religious employers or individuals violate their conscience by directly paying for contraceptives, or by contributing to a health insurance plan that is mandated to provide contraceptives, the comprehensive guidelines violate the First Amendment, and RFRA. The HHS should revise the comprehensive guidelines and remove the requirement that all insurance companies make contraceptives an obligatory part of every insurance package."
The HHS mandate requires religious institutions, such as religious schools and hospitals, to include abortion-inducing drugs, sterilization, and contraception in their insurance policies for employees. A so-called "accommodation" was then issued after a tremendous public outcry occurred opposing the mandate.
The ACLJ has heard from nearly 70,000 Americans who do not want to be forced to choose between obeying the law and violating their faith.
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice (ACLJ), focusing on constitutional law, is based in Washington, D.C.
As we approach the one year anniversary of the Hobby Lobby decision , where the Supreme Court held that the HHS Mandate violated the religious liberties of business owners, it’s clear that the struggle to vindicate religious freedom and the right to conscience is far from over. Having said that,
Today the U.S. Supreme Court heard oral arguments in a case that could cripple ObamaCare. The Supreme Court has a critical opportunity to reject IRS regulations that illegally authorize tax subsidies for purchasers of health insurance on federal healthcare exchanges. The ACLJ has filed an amicus...
After his “glib” apology before Congress this week for calling the American people “stupid,” ObamaCare architect Jonathan Gruber attempted to dodge, duck, dip, dive, and … dodge every substantive question that came his way. He refused to answer even the simplest questions like how much ( millions )
From day one, we have warned that the real danger of Obamacare is not in the 2,700 pages of its text (as bad as they are), but in the hundreds of thousands of pages of rules and regulations that would flow out of that text. This week provides yet another example of that danger, and it is in the...