The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected that company's claims. The cases will be combined for arguments, probably in late March. A decision should come by late June.
These are two landmark cases addressing the constitutionally
guaranteed rights of business owners to operate their family companies without
violating their deeply held religious convictions.
“This is a major step for the Greens [owners of
Hobby Lobby] and their family businesses in an important fight for Americans’
religious liberty,” said Kyle Duncan, general counsel of
the Becket Fund for Religious Liberty and lead lawyer for Hobby Lobby.
“We are hopeful that the Supreme Court will clarify once and for all that
religious freedom in our country should be protected for family business owners
like the Greens.”
In July, a lower federal court granted Hobby
Lobby a preliminary injunction preventing the government from enforcing the HHS
mandate requiring the family businesses to provide in the employee health
insurance plan two drugs and two devices that are potentially life-terminating.
Another federal court denied a similar request from Conestoga Wood Specialties.
The Greens and their family businesses – who
have no moral objection to providing 16 of the 20 FDA-approved contraceptives
required under the HHS mandate and do so at no additional cost to employees
under their self-insured health plan – then took the unusual step in October of
joining the government in asking the U.S. Supreme Court to review the case,
despite the family’s victory in the U.S. Tenth Circuit Court of Appeals.
There are currently 84 lawsuits challenging the constitutionality of the
HHS mandate.
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