In a major victory for the 1st
Amendment right to religious freedom, a federal judge has ruled in favor of Catholic
Benefits Association (CBA) members, issuing declaratory relief and a permanent
injunction against the Obamacare CASC (contraception, abortifacient,
sterilization, and related counseling) Mandate. The ruling also eliminates $6.9 billion in fines
that have accumulated against CBA members.
The judgment means that the government
cannot force Catholic employers who are members of the CBA to provide the
mandate CASC coverage. The decision also
declares the CASC Mandate is illegal as applied to CBA members.
While an injunction stops the federal government
from enforcing the CASC Mandate against CBA members, the declaratory judgment speaks
directly to the illegality of what the federal government has been trying to do
to CBA members for years. The court
stated that the federal government “violated RFRA (Religious Freedom
Restoration Act)” by trying to coerce members into providing CASC services.
Four years ago, the CBA challenged the
Department of Health and Human Services’ mandate (HHS mandate) in the district
court claiming that the mandates were in direct conflict with the teachings of
the Catholic Church. Two federal
lawsuits were filed in 2014 by the CBA who represents over 1,000 Catholic employers.
The goal was to protect Catholic
employers from federal government mandates that sought to force Catholic
employers to violate their sincerely held religious beliefs – a goal that was
achieved with this recent ruling.
U.S. District Court Judge David
Russell ruled that his decision is permanent. The court’s injunction binds not only the
current administration but future administrations, protecting CBA members from
any other regulation in the future that tries to use the “women’s preventive
services mandate” to force CBA members to violate their conscience.
“This is the tremendous win,” said
Douglas G. Wilson, the CBA’s Chief Executive Officer. “The first freedom in the Bill of Rights is
the First Amendment right to freedom of religion. The court has rightly ruled that employers
should not be forced to violate their beliefs and cover morally problematic
elective and often low-cost choices that individuals may wish to make.”
My guess is: You didn’t hear or read
about this ruling in your mainstream media outlets. Wonder why?
Rev.
Dr. Kenneth L. Beale, Jr.
Chaplain
(Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel
This is indeed a victory for Catholics but what about the rest of us. And while I'm at it, did something happen to the 1st Amendment right of religious freedom that we need a RFRA (Religious freedom restoration act)? This is what happens when we violate the Constitution and allow agencies to make regulations with the force of law and bypass congresses authority!!
ReplyDelete