This newest
challenge on behalf of the five non-profit entities was brought by Faith on
Trial guest Erin Mersino, trial counsel with the Thomas More Law Center (TMLC),
a national public interest law firm based in Ann Arbor, Michigan.
In granting the
injunction, Judge Murphy noted that the plaintiffs showed “a strong likelihood
of succeeding on the merits” of their case. The court rejected the
government’s argument that the accommodation to the Mandate, which required the
plaintiffs to either pay for contraceptives and abortion-causing drugs directly
or sign a “self-certification” which would act as a permission slip to their
insurance company to pay for contraceptives and abortion-causing drugs, was
sufficient to alleviate the plaintiffs’ constitutional objections. The
government belittled the plaintiffs’ religious beliefs by nakedly claiming that
the Mandate did not violate them—despite the plaintiffs’ sworn statements to
the contrary and the government’s own position that never challenged the
sincerity of the plaintiffs’ religious beliefs.
The court, in
rejecting the government’s position, proclaimed that “It is not the
government's business to decide what behavior has religious
significance.”
The injunction
protects the five entities from any compliance with the HHS Mandate. The
government’s Mandate would have required the Plaintiffs to facilitate access to
contraceptive and abortion-causing drugs and devices, as well as sterilization
procedures, through their health insurance plan.
Richard
Thompson, president and chief counsel of the Thomas More Law Center, commented
on Judge Murphy’s ruling: “Christians in America are under increasing
attack by the federal government. And it’s important we realize that we
must look to the federal courts to protect our religious freedom guaranteed
under the First Amendment to the Constitution. In this particular case,
we are grateful for Judge Murphy’s decision and the expeditious manner in which
he rendered it.”
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