Court: No injunction for Hobby Lobby on birth control mandate

posted at 3:31 pm on December 21, 2012 by Mary Katharine Ham

Hobby Lobby is the largest business of some 40 lawsuits over Obamacare’s mandate that employers provide birth control and morning-after pills without copay as part of health insurance. Hobby Lobby is a craft store chain owned by a Christian family whose religious conscience is violated by the rule. They had hoped to get an injunction while their case is making it through the courts. No such luck:

A federal appeals court denied Hobby Lobby’s request for a preliminary injunction against President Obama’s birth control coverage rules.

The Tenth Circuit Court of Appeals ruled Thursday that the Christian-run arts-and-crafts chain must comply with the policy as its case proceeds…

U.S. District Judge Joe Heaton ruled last month that Hobby Lobby must comply in spite of its belief that the “morning-after pill” induces abortion.

On Thursday, the appeals court agreed that the mandate did not appear to substantially burden religious exercise in the case.

The panel quoted a portion of Heaton’s opinion to deny Hobby Lobby’s motion for an injunction.

Please enjoy this quote about how religious freedom does not include the freedom to be not be compelled to buy other people stuff that violates your religion as a condition of owning a business. Have a blessed Christmas season, America!

“The particular burden of which plaintiffs complain is that funds, which plaintiffs will contribute to a group health plan, might, after a series of independent decisions by healthcare providers and patients covered by [the corporate] plan, subsidize someone else’s participation in an activity that is condemned by plaintiff[s'] religion. Such an indirect and attenuated relationship appears unlikely to establish the necessary ‘substantial burden,’” Heaton wrote.

Via Shannon Bream of Fox News:

[Hobby Lobby] is the largest employer challenging the mandate, and says it will now appeal to SCOTUS. Keep in mind, even if SCOTUS took up the injunction request – it would only be deciding whether to give HL a temporary reprieve – not the full merits of the HHS mandate itself.

If [Hobby Lobby] is not granted an injunction, it does not plan to comply with the mandate. The company says that would cost it $1.3M a day in fines.

“The family operates 514 Hobby Lobby stores in 41 states and employ 13,240 people.” But for how long?

Hobby Lobby has the size and resources to survive this fight for at least a while. Here’s what might happen to those who don’t.

The Little Sisters of the Poor take care of elderly patients in 31 countries, but on Dec. 16 a representative told the congregation of Saint Raymond of Peñafort Church in Springfield, Va., that her order could conceivably be forced to pull out of the United States if paying fines and penalties is the only alternative to compromising on the doctrines of their religion…

“[I]f we were to stop offering health insurance rather than comply with the mandate,” she told the National Catholic Register in October, “we would have to pay a $2,000 penalty per employee. This penalty aside, it just does not seem right to us to stop providing health insurance to our employees.”

“If we chose to offer insurance without the objectionable services,” she continued, “we would honor our consciences, but we’d have to pay $100 per day per employee. … [F]or an organization with 50 employees, that would mean almost $2 million per year.”


Related Posts:

Breaking on Hot Air

Blowback

Note from Hot Air management: This section is for comments from Hot Air's community of registered readers. Please don't assume that Hot Air management agrees with or otherwise endorses any particular comment just because we let it stand. A reminder: Anyone who fails to comply with our terms of use may lose their posting privilege.

Trackbacks/Pings

Trackback URL

Comments

Liberals demand we must all be complicit in the murder of a million+ children a year, while simultaneously demanding the murder of 20 children is an excuse to disarm us all, so millions more can be butchered.

rayra on December 21, 2012 at 3:33 PM

Today a hospital in NY handed out free contraceptives and clean needles, via raindeers and a Santa, on your taxdollars, no kidding.

Schadenfreude on December 21, 2012 at 3:36 PM

Schadenfreude on December 21, 2012 at 3:36 PM

so the gays and the druggies are just supposed to die for enjoying themselves, huh?

/

GhoulAid on December 21, 2012 at 3:48 PM

The government is forcing Hobby Lobby to be complicit in the murder of unborn children against the very clear teachings of their faith.

Sooner or later, we’re going to have to decide if we are going to follow God’s law or man’s law (or in this case the edict of the Devil himself Obama’s law).

I say we go with God’s law and let the chips fall where they may.

I’m ready to go. How about you guys?

turfmann on December 21, 2012 at 3:54 PM

Today a hospital in NY handed out free contraceptives and clean needles, via raindeers and a Santa, on your taxdollars, no kidding.

Schadenfreude on December 21, 2012 at 3:36 PM

So that’s where sesqui has been all day.

Bishop on December 21, 2012 at 3:55 PM

might, after a series of independent decisions by healthcare providers and patients covered by [the corporate] plan, subsidize someone else’s participation in an activity that is condemned by plaintiff[s'] religion.

“Independent decisions by healthcare providers and patients”? Seriously? The government, through HHS, has decreed that all insurers must issue policies that provide contraceptives and abortion pills to insureds. Obamacare requires all employers with more than 50 FT employees to provide health insurance. So where exactly does all this “independent” decision-making come into play? The employer has no choice, the insurer has no choice, and the only choice the insured has is whether or not she wants to swallow the pills that the employer is required to pay for.

Our federal courts have become a bad joke. Unfortunately, the joke is on those of us who still believe in the Constitution.

AZCoyote on December 21, 2012 at 3:55 PM

so the gays and the druggies are just supposed to die for enjoying themselves, huh?

/

GhoulAid on December 21, 2012 at 3:48 PM

No, they are supposed to be responsible adults who pay for these things. By your logic, alcoholics would have their beverage of choice supplied free by the state.

ObamaCare MUST be struck down.

TKindred on December 21, 2012 at 3:56 PM

So let me get this straight:

If Hobby Lobby doesn’t pay for employees to get abortions against the beliefs of the company’s owners, they’ll be fined out of existence.

But if those kids are born and hang around for six years, the government will not allow you to protect them from deadly force while their in school.

Is this correct?

And am I wrong to see that this is nothing short of evil?

turfmann on December 21, 2012 at 3:58 PM

so the gays and the druggies are just supposed to die for enjoying themselves, huh?

/

GhoulAid on December 21, 2012 at 3:48 PM

No, they are supposed to be responsible adults who pay for these things. By your logic, alcoholics would have their beverage of choice supplied free by the state.

ObamaCare MUST be struck down.

TKindred on December 21, 2012 at 3:56 PM

Guess you missed the sarc tag.

Bitter Clinger on December 21, 2012 at 4:01 PM

so the gays and the druggies are just supposed to die for enjoying themselves, huh?
/
GhoulAid on December 21, 2012 at 3:48 PM

I’ve seen so many brain dead posts from left wing idiots recently that I can’t tell when someone is being sarcastic.

MechanicalBill on December 21, 2012 at 4:03 PM

so the gays and the druggies are just supposed to die for enjoying themselves, huh?

/

GhoulAid on December 21, 2012 at 3:48 PM

Life choices have consequences…no matter how severe they are, folks have to look at what they are about to chose to do and contemplate the consequences.

If you want to take drugs that’s your business, or if you want to have a same sex relationship that is known to be high risk. Its your business, but it becomes my business when you expect me to subsidize the consequences of your life style and choices.

belad on December 21, 2012 at 4:04 PM

I’m curious whether this could be solved by splitting Hobby Lobby into three companies — one of which (“HL1″) runs the stores Monday/Tuesday, the next (“HL2″) runs them Wednesday/Thursday, and the third (“HL3″) runs ‘em Friday/Saturday (they’re closed on Sunday). Any regular employee would get 3 paychecks per pay period, with 3 W-2s at the end of the year.

cthulhu on December 21, 2012 at 4:06 PM

So the left has busied itself recently with destroying the 1st, 2nd, and 5th amendments.

Which will be the next target, the 22nd?

18-1 on December 21, 2012 at 4:07 PM

And the sarc tag needs more than just the “/” like “/s” or “/sarc”. I don’t mean to get all Pat Sajak about it.

MechanicalBill on December 21, 2012 at 4:07 PM

Schadenfreude on December 21, 2012 at 3:36 PM

so the gays and the druggies are just supposed to die for enjoying themselves, huh?

/

GhoulAid on December 21, 2012 at 3:48 PM

Yes, that sometimes happens when you play Russian Roulette…

Doomsday on December 21, 2012 at 4:07 PM

Didn’t the Moslems get a wide exemption from Obamacare?

Guess Christians are children of a lesser God?

coldwarrior on December 21, 2012 at 4:13 PM

… The employer has no choice, the insurer has no choice, and the only choice the insured has is whether or not she wants to swallow the pills that the employer is required to pay for.

AZCoyote on December 21, 2012 at 3:55 PM

Well, at least until it comes time to take that RED pill Obama has promoted. Then the jack booted progressives will come in and force that final solution down the throats of the sick ‘for the good of the country’!

Freddy on December 21, 2012 at 4:13 PM

And the sarc tag needs more than just the “/” like “/s” or “/sarc”. I don’t mean to get all Pat Sajak about it.

MechanicalBill on December 21, 2012 at 4:07 PM

Agreed, but for whatever reason it’s slowly shortened here from /sarc to /s to just /

strictnein on December 21, 2012 at 4:16 PM

They should sell everything at a discount for Christmas and on Dec. 31 cease to do any business and suspend/close all of their stores until this gets resolved. Go Galt!

multiuseless on December 21, 2012 at 4:18 PM

U.S. District Judge Joe Heaton ruled last month that Hobby Lobby must comply in spite of its belief that the “morning-after pill” induces abortion.

And he’s a Judge? What does he think the morning after pill is for???

I’m sure the filing contained much more than that, but that statement by the Judge was an ignorant excuse.

bluefox on December 21, 2012 at 4:27 PM

Hey, The chosen one needs revenue, cut him a break!

Okay, down to reality.

They’re sure coming down hard, trying to secularize everyone.
Turfmann: “I say we go with God’s law and let the chips fall where they may. I’m ready to go. How about you guys?”
Brave words. But going the way of our beliefs, we could end up in jail, isn’t that what Hitler did? Unfortunately, I’m not that brave….yet.

I’m waiting for my husband’s employer to drop our insurance next year. Then its onto the Obamatax exchange, & the bureaucratic panels determining what we can & can’t have. A dismal America for 50%, the other free Obama phone people are laughing as our monies get spread around.

Belle on December 21, 2012 at 4:32 PM

The good news is Christian businesses won’t have to put crosses in their store windows for identification.The bad news is they won’t have any businesses.

txhsmom on December 21, 2012 at 4:34 PM

@MKH Re: Little Sisters of the Poor

First Amendment: A federal appeals court has reinstated lawsuits from two religious colleges against the HHS contraception mandate, saying promises to rework it aren’t enough. Can a group of nuns helping the poor be protected?

The appellate court reinstated those cases and ordered the Obama administration to report back every 60 days — starting in mid-February — until the administration makes good on its promise to issue a new rule that protects the colleges’ religious freedom. The new rule must be issued by March 31.

Very interesting article and there is much more on the reasons they made this decision.

http://news.investors.com/ibd-editorials/122012-637873-obamacare-threatens-little-sisters-of-the-poor.htm

bluefox on December 21, 2012 at 4:42 PM

turfmann on December 21, 2012 at 3:58 PM

Quit using logic and common sense, this is the federal government we are talking about.

tommer74 on December 21, 2012 at 4:45 PM

the mandate did not appear to substantially burden religious exercise in the case.

Since when does it say that for someone to exercise their freedom of religion, being forced to do something against that belief, in order to gain relief, the act has to ‘substantially burden’ a person?

Nowhere in the Constitution does it mention that. If that’s any indication of the way the court will rule, it doesn’t look good. Unbelievable!

Patriot Vet on December 21, 2012 at 4:52 PM

Once again we can see liberal judges with their heads planted firmly up their anal orifice.

GarandFan on December 21, 2012 at 4:55 PM

Ha, ha, tommer, very funny!
We may as well laugh, while we’re all doing “down”.
Only thing that helps me deal with all this madness, is that Obama voters may also feel some pain. Hey, wait ’til they see their payroll taxes in Jan! Or with the medical device tax, even rubber gloves will cost more.
Here’s the left (Salazar) eating their own; 30 (Obama voters?) people will lose their jobs because the government may have some stakes in imported oysters but are saving the environment (right); just follow the money. Feinstein putting up a fake objection.

http://pjmedia.com/tatler/2012/11/30/feinstein-slams-salazar-for-using-false-science-to-kill-historic-oyster-farm/

Belle on December 21, 2012 at 4:58 PM

the appeals court agreed that the mandate did not appear to substantially burden..

Huh!…I didn’t know that there was a qualifier for religious rights in this country. Is that in the Constitution? Is it right next to the exclusion for Muslims??
Learn something every day.

Does this apply to other rights? Can a person discriminate against minorities or gays, etc, as long as they don’t substantially burden them?

Mimzey on December 21, 2012 at 5:23 PM

Well since Obama is GOD in the new America…..Hobby Lobby is really fighting against…..well…..you know…

all must bow and WORSHIP the blessed golden idol America has made. His name is Barack Hussein Obama.

ALL HAIL our LORD AND SAVIOR…..Hobby Lobby and you other groups?….get to the re-education camps before we send you there.

PappyD61 on December 21, 2012 at 6:53 PM

Liberals demand we must all be complicit in the murder of a million+ children a year, while simultaneously demanding the murder of 20 children is an excuse to disarm us all, so millions more can be butchered.

rayra

QFT!

8thAirForce on December 21, 2012 at 8:01 PM

I’m curious whether this could be solved by splitting Hobby Lobby into three companies — one of which (“HL1″) runs the stores Monday/Tuesday, the next (“HL2″) runs them Wednesday/Thursday, and the third (“HL3″) runs ‘em Friday/Saturday (they’re closed on Sunday). Any regular employee would get 3 paychecks per pay period, with 3 W-2s at the end of the year.

cthulhu on December 21, 2012 at 4:06 PM

Interesting. I was thinking of it from the other side: how I could have multiple employers so that I would technically work part time for each of them (but still do the same overall job) and thus be out of the evil, deathly grip of Obamacare.

Kevin K. on December 21, 2012 at 9:56 PM

Kevin K. on December 21, 2012 at 9:56 PM

I like it. Worth consideration.

oldleprechaun on December 22, 2012 at 7:07 AM

Liberals love killing babies, but if some screwball does it with a 223, its bad. Isin’t that a kicker.

TX-96 on December 22, 2012 at 7:35 AM

You people are obviously are racist homophobes relgious freaks. God (or POTUS of you prefer) says it is OK to abort the lving (unless they have been convicted of murder and condemned to death). And he is going to take your guns away too.

georgeofthedesert on December 23, 2012 at 11:24 PM

But support for religous liberty is “war on women”!

netster007x on December 24, 2012 at 2:56 AM