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SCOTUS Rules in Favor of Hobby Lobby!

The Supreme Court of the United States (SCOTUS) ruled today that the Christian-run Hobby Lobby doesn’t have to obey the HHS mandate that is a part of Obamacare that requires businesses to pay for abortion causing drugs in their employee health care plans.

The Obama administration was attempting to make Hobby Lobby and thousands of pro-life businesses and organizations comply with the HHS mandate that compels religious companies to pay for birth control and abortion-causing drugs for their employees. However, the U.S. Supreme Court today issued a favorable ruling in Sebelius v. Hobby Lobby Stores, Inc., a landmark case addressing the Constitutionally guaranteed rights of business owners to operate their family companies without violating their deeply held religious convictions.

Writing for the 5-4 majority, Justice Samuel Alito handed down the decision for the high court, saying, “The Supreme Court holds government can’t require closely held corporations with religious owners to provide contraception coverage.”

“HHS’s contraception mandate substantially burdens the exercise of religion,” the decision reads, adding that the “decision concerns only the contraceptive mandate and should not be understood to mean that all insurance mandates.” The opinion said the “plain terms of Religious Freedom Restoration Act” are “perfectly clear.”

Justice Anthony Kennedy wrote a concurring opinion saying that government itself could provide the coverage for contraception and the abortion-causing drugs if a company declines to do so.

Justice Ruth Bader Ginsburg issued a dissent that claims the decision is “of startling breadth,” a claim the majority denies. The major decision indicates it applies to the abortion mandate, not blood transfusions or other practices to which people may have religious objections.

The Hobby Lobby decision only applies to companies, including Conestoga Wood Specialties, which had a companion case pending before the U.S. Supreme Court. Non-profit groups like Priests for Life and Little Sisters are still waiting for a ruling about their right to opt out of the mandate.

The Obama administration said it was confident it would prevail, saying, “We believe this requirement is lawful…and are confident the Supreme Court will agree.”

Responding to the decision, Alliance Defending Freedom Senior Counsel David Cortman told LifeNews: “Americans don’t surrender their freedom by opening a family business. In its decision today, the Supreme Court affirmed that all Americans, including family business owners, must be free to live and work consistently with their beliefs without fear of punishment by the government. In a free and diverse society, we respect the freedom to live out our convictions. For the Hahns and the Greens, that means not being forced to participate in distributing potentially life-terminating drugs and devices.”

In July, a federal court granted Hobby Lobby a preliminary injunction against the HHS abortion-drug mandate. The injunction prevented the Obama administration from enforcing the mandate against the Christian company, but the Obama administration appealed that ruling. Hobby Lobby could have paid as much as $1.3 million each day in fines for refusing to pay for birth control or abortion-causing drugs under the mandate.

After the appeals court ruling, U.S. District Judge Joe Heaton issued a preliminary injunction and stayed the case until Oct. 1 to give the Obama administration time to appeal the decision.

In an opinion read from the bench, the court said, “There is a substantial public interest in ensuring that no individual or corporation has their legs cut out from under them while these difficult issues are resolved.”

A December 2013 Rasmussen Reports poll shows Americans disagree with forcing companies like Hobby Lobby to obey the mandate.

“Half of voters now oppose a government requirement that employers provide health insurance with free contraceptives for their female employees,” Rasmussen reports.

The poll found: “The latest Rasmussen Reports national telephone survey finds that 38 percent of Likely U.S. Voters still believe businesses should be required by law to provide health insurance that covers all government-approved contraceptives for women without co-payments or other charges to the patient.

Fifty-one percent (51 percent) disagree and say employers should not be required to provide health insurance with this type of coverage. Eleven percent (11 percent) are not sure.”

Another recent poll found 59 percent of Americans disagree with the mandate.

The Green family, which owns Hobby Lobby, grew their family business out of their garage. They now own stores in 41 states employing more than 16,000 full time employees. They have always operated their business according to their faith.

Kristina Arriaga, Executive Director of the Becket Fund, tells LifeNews, “In fact, the Greens pay salaries that start at twice the minimum wage and offer excellent benefits, as well as a healthcare package which includes almost all of the contraceptives now mandated by the Affordable Care Act. Their only objection is to 4 drugs and devices which, the government itself concedes, can terminate an embryo.”

“Their rights under the Religious Freedom Restoration Act should be protected by the government. Instead, the government has threatened them with fines and fought them all the way to the Supreme Court,” Arriaga added.

“The government has already exempted tens of millions of Americans from complying with the mandate that forces employers to provide certain specific drugs and devices. However, it refuses to accommodate the Green family because the Green family’s objections are religious.  We believe that the government’s position is not only extreme and unconstitutional; it presents a grave danger to our freedoms,” she continued.

“My family and I are encouraged that the U.S. Supreme Court has agreed to decide our case,” said Mr. Green, Hobby Lobby’s founder and CEO.  “This legal challenge has always remained about one thing and one thing only: the right of our family businesses to live out our sincere and deeply held religious convictions as guaranteed by the law and the Constitution. Business owners should not have to choose between violating their faith and violating the law.”


This article was originally posted at the LifeNews.com blog. 




SCOTUS Quashes Case Defending Freedom of Conscience

The Supreme Court of the United States (SCOTUS) has dealt a severe blow to religious freedom and freedom of speech in a highly publicized case involving a New Mexico photographer. 

The High Court has refused to hear the appeal of Elaine Huguenin, who was found guilty of “sexual orientation” discrimination for failing to photograph a same-sex ceremony. 

Huguenin owns Elane Photography along with her husband, Jon, in Albuquerque.  They are both committed evangelical Christians.  Elaine was approached in 2006 by a lesbian “couple” who asked her to photograph their civil union ceremony. 

When Huguenin declined to accept the job, the lesbian women filed a complaint with the New Mexico Human Rights Commission, alleging “sexual orientation” discrimination.    

New Mexico has adopted revisions to its “public accommodations” law that prohibits businesses and business owners from discriminating based on “sexual orientation.” 

The Human Rights Commission found Elaine guilty, and required her to pay $6,600 in attorney fees to the lesbian couple. 

The Huguenins filed an appeal.  In a shocking decision, the New Mexico Supreme Court ruled that the First Amendment right to the free exercise of religion did not apply to business owners such as Huguenin. 

New Mexico’s High Court stated that business owners are compelled to conform their convictions to those of their customers.  In the decision, one of the Justices stated that business owners are required to compromise their religious beliefs “as the price of citizenship.” 

The U.S. Supreme Court’s rejection to hear the case reflects a remarkable degree of high-level cowardice.  The Court has consistently held throughout the nation’s history that freedom of speech includes not only the right to speak but the “right to refrain from speaking.” 

Federal courts have repeatedly stated that the government cannot coerce private citizens to engage in compelled speech.  The government cannot mandate that an individual communicate a message which they find morally repugnant, including through the artistic license and creative work of a photographer.   

The Huguenins have been represented by the Alliance Defending Freedom (ADF) in this case.  David Cortman, senior counsel for ADF, condemned the Court’s failure to confront this crucial religious liberty case. 

Americans oppose unjust laws that strong-arm citizens to express ideas against their will.  Elaine and numerous other business owners are more than willing to serve any and all customers.What they are not willing to do is to promote messages that violate their core beliefs.  A government that forces any American to create a message contrary to her own convictions is a government that every American should fear.

Tony Perkins, President of the Family Research Council, says the Supreme Court’s refusal to hear the case allows lower courts to trample on the First Amendment rights of conscience of every American. 

Americans are being forced by government to buy Obamacare, and are now being forced to engage in speech with which they morally disagree.  Is our judicial branch writing the epilogue to the American experiment in religious liberty?  Americans cannot be silent any longer to this affront to our First Amendment freedoms.

The New Mexico Supreme Court decision flies in the face of overwhelming public opinion on this issue.  A Rasmussen survey found that more than 80 percent of American agreed that no photographer should be forced under penalty of law to take pictures of a homosexual ceremony.   


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Forcing Families to Pay for Other People’s Abortion Pills Isn’t Freedom

Alliance Defending Freedom attorneys filed a brief Wednesday that responds to the Obama administration’s defense of its abortion pill mandate in one of two major legal challenges the U.S. Supreme Court will hear on March 25. Alliance Defending Freedom and allied attorneys represent the Hahns, a Pennsylvania Mennonite Christian family, and their woodworking business in one of those cases, Conestoga Wood Specialties v. Sebelius.

The mandate forces employers, regardless of their religious or moral convictions, to provide insurance coverage for abortion-inducing drugs, sterilization, and contraception under threat of heavy financial penalties if the mandate’s requirements aren’t met.

“In America, we tolerate a diversity of opinions and beliefs; we don’t try to separate what people do from what they believe,” said Alliance Defending Freedom Senior Counsel David Cortman. “The Constitution guarantees the highest form of respect to the Hahns’ freedom. The government must prove why disregarding that freedom is somehow justified.”

According to the Alliance Defending Freedom reply brief, “the government contends that [the Hahns] harm the ‘freedom’ of third parties simply by not buying them abortifacients…. But that turns ordinary notions of liberty upside down. Citizens are already free to buy birth control for themselves and the government often subsidizes those purchases. Yet in the government’s view that is not enough. For the government, coercion is the new ‘freedom.’”

“Americans must be free to exercise their constitutionally protected liberties without punishment,” added Alliance Defending Freedom Senior Legal Counsel Matt Bowman. “That at least includes freedom from government attempts to force them to pay for other people’s abortion pills.”

In January, numerous third parties filed briefs in both Conestoga Wood Specialties v. Sebelius and The Becket Fund’s Hobby Lobby Stores v. Sebelius case, which also challenges the mandate. The briefs filed in support of Conestoga Wood Specialties and Hobby Lobby outnumbered the briefs filed in favor of the Obama administration by nearly three to one.

The Hahns asked the U.S. Supreme Court to review their case after the U.S. Court of Appeals for the 3rd Circuit ruled 2-1 against them. The decision conflicts with most other circuits and with the vast majority of rulings on the mandate so far. According to a dissent that Circuit Judge Kent Jordan wrote in that case, the mandate could cost the Hahns $95,000 per day if they don’t agree to live contrary to their Christian convictions.

Alliance Defending Freedom attorneys are lead counsel in the case together with co-counsel Randall Wenger of the Independence Law Center and Charles Proctor III of the Pennsylvania firm Proctor, Lindsay & Dixon. They are two of nearly 2,300 attorneys allied with Alliance Defending Freedom.