Standing Firm Against ObamaCare’s HHS Mandate

The U.S. Conference of Catholic Bishops' statement today responding to the Administration's latest proposal to amend the HHS mandate confirms the concerns many of us have been expressing since the proposal was announced last week.

The bishops point out that the proposal: (1) continues to treat religiously-affiliated organizations such as schools, hospitals, soup kitchens and homeless shelters as "second-class citizens" instead of as integral parts of a church's religious mission; (2)  fails to provide any relief for individual employees who wish to opt out of policies that pay for objectionable drugs and services; (3) continues to leave us in the dark about how the so-called "separate policies of insurance" -- designed to mollify moral concerns -- are to be funded; and, (4) offers nothing at all to for-profit employers whose religious beliefs conflict with the requirements of the mandate.

While the bishops' statement does hold out some hope that the Obama Administration will continue to work with one class of religious objectors to come up with a solution to the profound moral and legal issues raised by the mandate, it seems clear that the U.S. Bishops -- who are currently challenging the mandate in a dozen or more cases around the country -- are far from throwing in the towel.

The ACLJ's for-profit clients particularly welcome the strong statement of solidarity contained in the bishops' statement in support of for-profit business owners. It is encouraging to the Frank O'Briens, the Griesediecks, the Kortes, the Gilardis, to know that the bishops say they 'cannot now abandon them to be forced to violate their well-formed consciences.'

As you may recall, the ACLJ has filed four direct challenges to the mandate, representing for-profit companies. The latest suit was filed just two weeks ago. At the same time, the ACLJ has filed amicus briefs in 13 cases - supporting other challenges to the mandate.

It's our view that the for-profit cases will move more rapidly through the judicial system. With four direct challenges to the mandate on behalf of for-profit companies, we are moving forward with our challenges and have acquired injunctions blocking the enforcement of the mandate.

At the end of the day, this mandate - and the constitutional concerns it raises - is likely to end up at the Supreme Court where this issue is likely to ultimately be decided.