contraception, HHS Mandate

Some Relief

hhs mandate

A Federal Court has ruled in favor of two Christian colleges in their lawsuit against the Health and  Human Services (HHS) mandate requiring employer-sponsored health insurance plans to provide access  to contraceptives. The schools, Dordt College, in Iowa, and Cornerstone University, in Michigan, had  alleged that the HHS mandate is in direct violation of the Religious Freedom Restoration Act and the  First and Fifth Amendments of the U.S. Constitution. The lawsuit stated that the mandate prevented  employers from complying with imperatives that they believe had been decreed by God. The Alliance  Defending Freedom, which represented the two schools, stated that Christian schools should be free to  operate according to their own beliefs, and should not be required to abide by the HHS mandate.

Religious colleges and religious non-profit organizations across the country have filed similar lawsuits  against the mandate. To date, some 22 injunctions have been granted to these groups, which may be  taken as proof that the U.S. Courts realize that this mandate should not apply to organizations, whatever  they may be, which hold to strict religious principles that guide their day-to-day operation. However, the  University of Notre Dame and Wyoming Catholic College have been denied injunctions.

While the number of injunctions which have been granted is promising, the fact that religious-based  schools, religious groups, and religious employers must file for an injunction and risk being denied or  forced to pay fines demonstrates that the fight for Religious Freedom is far from over. Until an employer  can freely choose to opt-out of the HHS mandate based on their religious principles, the lawsuits and  appeals will continue to be filed. But one day, the U.S. Government will come to realize that it will be  easier to follow the Constitution and allow employers to opt-out, rather than continue to expend money  on fighting the lawsuits that continue to be filed. Once the Government realizes that this mandate is a  direct violation of the First Amendment Rights of employers and organizations across the country,  maybe they will work to resolve the issue and the granting of injunctions on a case-by-case basis will  turn into a revision of the mandate, allowing any employer or group to not be subject to the mandate based on their religious principles.

Leave a Reply