Guest right in her prediction: Hobby Lobby wins in 10th Circuit

Adele Keim, legal counsel with The Becket Fund for Religious Liberties, told our Faith On Trial audience on May 13 that she was optimistic that the Tenth Circuit Court of Appeals was likely to uphold Hobby Lobby’s argument that the contraception mandate (HHS mandate) contained in Obamacare violates its religious liberties.

Her optimism, she said, was due to the fact that the appeals court would hear the case en banc, that is by the whole court, rather than the usual panel of three judges. The district court had rejected Hobby Lobby’s claim.

Thursday her optimism was justified when the full Tenth Circuit granted a major victory to Hobby Lobby by reversing the district court’s ruling. The circuit court returned the case to the lower court with instruction to consider whether to grant Hobby Lobby a preliminary injunction. Hobby Lobby has “established a likelihood of success” and so does not have to pay fines for refusing to comply with the mandate as the case proceeds, the court ruled.

“We hold that Hobby Lobby and Mardel [a companion business] are entitled to bring claims under [the Religious Freedom Restoration Act], have established a likelihood of success that their rights under this statute are substantially burdened by the contraceptive-coverage requirement, and have established an irreparable harm,” the court said in its ruling.

The Obama Administration had asked the court to dismiss the case on the theory that Hobby Lobby was almost certain to lose. “Even if there were a substantial burden on religious exercise, the regulations serve compelling governmental interests and are the least restrictive means to achieve those interests,” the administration argued.

“Today marks a milestone in Hobby Lobby’s fight for religious liberty,” said Kyle Duncan, General Counsel for the Becket Fund. “This is a tremendous victory not only for the Green family [Hobby Lobby owners] and for their business, but also for many other religious business owners who should not have to forfeit their faith to make a living.”

Hobby Lobby is the largest business to file a lawsuit against the HHS mandate. The Green family’s religious convictions prohibit them from providing or paying for the abortion-inducing drugs, the “morning-after” and “week-after” pills, which would violate their deeply held religious belief that life begins at conception.

There are now 60 separate lawsuits challenging the HHS mandate. The Becket Fund currently represents: Hobby Lobby, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network (EWTN), Ave Maria University, and Belmont Abbey College.