Second mandate lawsuit dismissed on ‘technical grounds’
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A federal judge in Washington, D.C. has dismissed a lawsuit by Belmont Abbey College against the federal contraception mandate as being premature.
Hannah Smith, senior legal counsel at the Becket Fund for Religious Liberty, which was representing Belmont Abbey College in the case, said that the decision was made “on technical grounds.”
Smith explained in a statement that “the judge thinks that the case should be delayed for a matter of months” in order to give the federal government time to “fix” the mandate.
On July 18, federal judge James E. Boasberg dismissed the suit filed by the Catholic liberal arts school last year. The suit is the second of the nearly two dozen cases against the mandate to be thrown out.
The judge determined that the case was not yet “ripe for decision” because the concerns were still too “speculative.”
He noted that the federal government has indicated that it intends to issue future rules on the implementation of the mandate being challenged in the case.
That mandate – issued under the authority of the Affordable Care Act – will soon require employers and colleges to offer health insurance plans covering contraception, sterilization and abortion-inducing drugs, even if doing so violates their firmly-held religious convictions.
Belmont Abbey filed a lawsuit arguing that the mandate violated its religious freedom last November, becoming the first group to do so. Dozens of other organizations followed in the college’s footsteps over the months that followed.
In total, 23 lawsuits have been filed by more than 50 plaintiffs, including schools, charitable agencies, states, dioceses and private business owners.
On July 17, a judge in Nebraska dismissed another of the lawsuits, similarly ruling that it was not clear that the plaintiffs would suffer immediate harm from the mandate.
In both decisions, the judges pointed to the administration’s promise to “accommodate” the religious freedom concerns of objecting groups. [More]
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10 Comments
Much to do about nothing.
1. Over 90% of Catholics of the age being sexual active and reproductively capable within the US are currently practicing birth control banned officially by the Vatican.
2. Legally since 1935 employees in the US have a right organize and bargain collectively, for the federal government not to protect fair labor practices would be wrong. This includes insurance mandated to cover birth control.
3. Catholics for choice are increasingly vocal and represent a rather large number of Catholics in challenging the Vatican’s stand on birth control
Michael (http://keywiki.org/index.php/Michael_Joseph_Francisconi) –with regard to your first and third points: this is just one illustration of Ephesians 6:12: we don’t wrestle with flesh and blood, but with Principalities and Powers, with the world rulers of this present darkness, with the evil spirits in the heavens. The fact that more and more Catholics are disobedient to Church teachings suggests that we are closer to Jesus’ second coming, as He will need to come when evil abounds greatly, as it such a scenario everyone will be lost because of the horrific culture. And Michael, you should consider the fact that, like me, in the not-too-distant future — maybe even today — you will stand in front of the Creator of the universe and have to give an account of your life. When is the last time you’ve been to Reconciliation?
Michael — with regard to your second point: have you been taking vitamin B-12? Apparently not, as your cogitator isn’t working too well anymore. The right to collective bargaining is one thing; the right to force an employer to do something immoral is another. No one has the right to infringe the religion of another. The first amendment right to the free practice of religion clearly trumps the “right” to have an employer pay for abortion-inducing hormonal contraceptives.
WOW! Now Jim knows when Jesus is returning – his power and control is just endless!!!!!!!! (well in his mind they are anyway)
Concerned — notice what my post says: “The fact that more and more Catholics are disobedient to Church teachings SUGGESTS that we are closer to Jesus’ second coming” — i.e., I did not say I knew, but rather than one might speculate. I have read blogs that have asserted that the tribulation already has begun — and I think they might be right. Regardless, it is clear that, as Francisconi claims, more and more people arrogantly disagree with God’s Church’s Magisterial teachings — smoking-gun evidence that we are becoming more and more immoral. That, I think, is indisputable, especially with the breakdown of the family, gay “marriage”, etc. Whether or not the second return is soon — well, we’ll just have to wait and see.
All this effort about something that hasn’t taken place as yet and nearly nothing is done about the child molesters!!!!! Diversionary tactics?
Andrea, I remember when an over the counter medication was tampered with the manufactures responded with tamper resistant bottles and today we reap the benefits. In a similar manner my diocese have increased training to guard against child abuse. And perhaps this program will be the equivalent of the tamper resistant bottle. Every employee and volunteer in most dioceses must go the training.
Let’s hope it helps
Andrea — do you not care about the first amendment right to the free practice of religion? THAT is the issue, and everyone in America with a religious faith should be concerned. With regard to this being a “dversionary tactic” — please, that is not only extremely speculative, but excessively cynical and unfair. You have no evidence to back up your speculation — none.
Tony — I’m sure you’ll agree that we don’t wrestle with flesh and blood, but with Principalities and Powers, with the world rulers of this present darkness, with the evil spirits in the heavens (Ephesians 6:12). We need to stay in prayer about this; and the bishops need all the help we can give them.
I don’t get it. Do the judges in Nebraska and Washington DC think that the Bishops of the US are making a big deal out of nothing with their warnings of our Religious Freedom being threatened?