First Post-Hobby Lobby Decision Halts Abortion-Pill Mandate for Nonprofit | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion


First Post-Hobby Lobby Decision for Nonprofit

By Matthew Clark1404156639000

In the first post-Hobby Lobby decision issued by an appellate court, the Eleventh Circuit Court of Appeals has granted an injunction, halting the HHS Mandate, to a nonprofit religious organization.

The key aspect of this new decision is that the Supreme Court’s Hobby Lobby decision was confined to for-profit businesses; this decision is the first application of the Supreme Court’s ruling upholding religious liberty to cases involving nonprofits.  It marks another step towards the abortion-pill mandate’s defeat.

The injunction was granted to the Eternal Word Television Network (EWTN), a nonprofit global Catholic news network.

While the majority simply grants the injunction “[i]n light to today’s Supreme Court decision in [Hobby Lobby],” without expressing any opinion on the merits of the case, Judge Pryor’s concurrence provides some insight:

Judge Pryor explains:

The Network has asserted, without dispute, that it "is prohibited by its religion from signing, submitting, or facilitating the transfer of the government required certification" necessary to opt out of the mandate. The Network further asserts that, by requiring it to deliver Form 700 to the third-party administrator of its health insurance plan, the United States has forced the Network "to forego religious precepts" and instead, contrary to Catholic teachings, materially cooperate in evil. If it fails to deliver that form, the Network faces $12,775,000 in penalties a year. 26 U.S.C. § 4980D(b )( 1 ). If that is not a substantial burden on the free exercise of religion, then it is hard to imagine what would be.

As we have explained before President Obama’s “accommodation” offered to nonprofits is a sham – an accounting gimmick to appear as though a nonprofit is not forced to pay for abortion pills, when in reality it is no less coerced into violating its faith than for-profit businesses were.

The victories for religious liberty keep coming, but the fight is far from over.  We will continue to keep you updated and continue fighting to defeat the abortion-pill mandate from forcing any American to violate their faith.

This article is crossposted on Red State.

Latest in

The Obamacare Deception Threatens America

By Harry G. Hutchison1477500715632

Promising to bring costs down and increase access on the one hand, and enacted with enormous fanfare and unequaled deception on the other, the Patient Protection and Affordable Care Act (also known as Obamacare) became law in 2010. This law was perhaps the most ambitious social legislation in...

read more

“Pure Applesauce”

By Matthew Clark1456416575920

One of Justice Scalia’s most memorable moments came in a compelling dissent to one of the recent ObamaCare cases. He cut through the majority opinion’s ambiguous, contorted, and complex legal justification for upholding the “SCOTUScare” exchanges in just two words: “ Pure applesauce. ” Pondering...

read more

HHS Mandate Challenges Move Forward

By Geoffrey Surtees1442515755574

Thanks to two decisions of a federal court of appeals handed down today ( here and here ), it is now almost certain that the U.S. Supreme Court will decide next term whether the Obama administration can force religious entities, institutions, and groups -- under pain of severe financial penalties...

read more

Helping Little Sisters of the Poor

By Geoffrey Surtees1440436960697

Just over one year ago, the Supreme Court held in the Hobby Lobby decision that the HHS Mandate, a federal regulation requiring non-exempt employers to provide abortion-inducing drugs and services to its employees, violated the religious rights of closely held corporations and their owners. It was...

read more