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Saturday, November 17, 2012

Third Judge Issues Premliminary Injuction Halting Enforcement Of Obamacares HHS Mandate

By Susan Duclos

On November 12, 2012, I reported a second preliminary injunction was issued to prevent the Obama administration from enforcing the Obamacare contraception and abortion HHS mandate against businesses to which it would violate the owner's religious freedoms.

LifeNews reports that a third judge has just done the same in the case of Tyndale House Publishers v. Sebelius. The court wrote that “the beliefs of Tyndale and its owners are indistinguishable…. Christian principles, prayer, and activities are pervasive at Tyndale, and the company’s ownership structure is designed to ensure that it never strays from its faith-oriented mission.

Bowman told LifeNews: “The court has done the right thing in halting the mandate while our lawsuit moves forward. For the government to say that a Bible publisher is not religious is startling. It demonstrates how clearly the Obama administration is willing to disregard the Constitution’s protection of religious freedom to achieve certain political purposes.”

In its opinion accompanying a preliminary injunction order in Tyndale House Publishers v. Sebelius, the court wrote that “the beliefs of Tyndale and its owners are indistinguishable…. Christian principles, prayer, and activities are pervasive at Tyndale, and the company’s ownership structure is designed to ensure that it never strays from its faith-oriented mission.

The opinion continued: “The Court has no reason to doubt, moreover, that Tyndale’s religious objection to providing insurance coverage for certain contraceptives reflects the beliefs of Tyndale’s owners. Nor is there any dispute that Tyndale’s primary owner, the Foundation, can ‘exercise religion’ in its own right, given that it is a non-profit religious organization; indeed, the case law is replete with examples of such organizations asserting cognizable free exercise and RFRA [Religious Freedom Restoration Act] challenges.”

Tyndale is subject to the mandate because Obama administration rules say for-profit corporations are categorically non-religious, even though Tyndale House is strictly a publisher of Bibles and other Christian materials and is primarily owned by the non-profit Tyndale House Foundation. The foundation provides grants to help meet the physical and spiritual needs of people around the world.
On July 27, Alliance Defending Freedom attorneys obtained the first-ever court order against the Obama administration’s mandate on behalf of Colorado’s Hercules Industries and the Catholic family that owns it.
Alliance Defending Freedom attorneys and allied attorneys are also litigating five other lawsuits against the mandate: one in Minnesota on behalf of Annex Medical, Inc.; one in Indiana on behalf of Grote Industries; another one in Indiana on behalf of Indiana’s Grace College and Seminary and California’s Biola University; one in Pennsylvania on behalf of Geneva College and The Seneca Hardwood Lumber Company and its owners, the Hepler family; and one in Louisiana on behalf of Louisiana College. The lawsuits represent a large cross-section of Protestants and Catholics who object to the mandate.

For a list of lawsuits against the Obamacare HHS mandate, click here.