Monday, April 9, 2018

This is a HUGE Win for Religious Freedom


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

1 comment:

  1. 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