Search  |  Login  |  Register

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
ObamaCare

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

Though Flawed, ObamaCare Stands

By Michelle Terry1435602214218

About a month ago, we discussed five critical failures of the Affordable Care Act, otherwise known as ObamaCare. Unfortunately, we now know that the highest Court in the land has determined – again – that this law will stand, despite its many flaws. Last Thursday, the Supreme Court of the United...

read more

Supreme Court Again Rewrites ObamaCare

By Jay Sekulow1435247432884

It’s a troubling and disappointing decision by the Supreme Court. Today’s 6-3 decision by the U.S. Supreme Court backing the Obama Administration’s health care law – granting taxpayer subsidies not authorized by Congress in order to save the flawed law – did not interpret the law. The majority...

read more

Will SCOTUS Topple ObamaCare?

By Edward White1434376800000

According to Jonathan Gruber, an architect of ObamaCare who helped the Obama Administration deceive the American people about it, the law has three key interrelated components: (1) rules dictating what health insurance plans must include, (2) the individual and employer mandates, and (3) subsidies...

read more