A federal court has temporarily blocked the Obama Administration’s contraceptive mandate for one Colorado air conditioning company, in the first of what promises to be several legal fights over the regulation, ultimately winding up at the Supreme Court.
The ruling comes in a case brought by Hercules Industries, which argued that they should not have to comply with the mandate of providing free contraceptive coverage for their employees because it violates the religious beliefs of the owners.
Judge John Kane, a Jimmy Carter appointee, said that only Hercules Industries would be allowed to decline compliance with the mandate, under this initial ruling. However, other companies will almost certainly use the same arguments and this precedent to maintain that they need to get let out of the mandate as well. This is the first ruling against the regulation; several businesses and religious institutions have sued along similar lines.
Because Hercules Industries is a secular business and not a religiously-affiliated institution, under current law they would have to provide contraceptive coverage in their health plans without a co-pay. Religious institutions like churches are exempt from the regulation, and entities like Catholic hospitals and universities will provide the coverage to their employees under a Rube Goldberg-type scheme, where the insurance company contracts directly with the individual policyholder. This regulation was scheduled to go into effect for all non-religious employers August 1.
Judge Kane ruled that the mandate could represent a “substantial burden” on the free exercise of religion guaranteed by the First Amendment, and that he would temporarily enjoin enforcement for Hercules, before he reached a final verdict. However, no other business would get to delay. So other companies would have to seek preliminary injunctions of their own to get out of the mandate before the enforcement date.
Sarah Kliff adds that Judge Kane may eventually rule against the mandate:
Hercules is challenging the birth control mandate as a First Amendment violation, inhibiting its ability to practice religion freely. The company also argues that the mandate violates the Religious Freedom Restoration Act, or RFRA, a law from the 1990s that is meant to afford greater legal protection to religious institutions from federal requirements that “substantially burden” their ability to practice religion [...]
One issue (Judge Kane) writes about in detail has to do with the Religious Freedom Restoration Act. If a religious organization can prove that a “substantial burden does exist” on their right to practice their religion, RFRA does give the government a way to fight back: It can argue that, while the law is burdensome, it achieves a compelling government interest in the least restrictive way possible.
Kane, in this document, doesn’t necessarily seem to buy the government’s argument that it has taken the least restrictive approach. Couldn’t it, for example, just provide free contraceptives itself, taking employers out of the matter altogether?
“Defendants have failed to adduce facts establishing that government provision of contraceptives would necessarily entail logistical and administrative obstacles defeating the ultimate purpose of providing no-cost preventive health care to women,” Kane writes. “Once again, the existence of analogous programs heavily outweighs such an argument.”
The American Civil Liberties Union described the ruling as “discrimination,” saying that it prevents employees from making their own health care decisions, forced instead to abide by the religious beliefs of their employers.
The rulings, and the implications for religious and non-religious businesses, have only just begun. And it’s more than likely that this will all end up before the Supreme Court.




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There is no greater entertainment than watching a broken twisted U.S. medical system go thru a broken twisted U.S. legal system.
Two Mafias of the Intelligentsia wrapped into one.
This is one more neofeudal, paternalistic sideshow that could be avoided if we dumped employer-based coverage and replaced it with cheaper, better, fairer, and more individually empowering Improved Medicare For All.
Paying war taxes offends my religious beliefs, but evidently, it doesn’t offend them enough to be able to warrant an exception.
Ditto . . . and add ‘death penalty’ expenditures paid for with my tax dollars.
Who would want to work for such a rats-ass outfit as this anyway? Probably the type of company that has “volunteer” church activities for it staff.
2000 years we’ve been plagued by these jerks.
My new bumper sticker?
“Bring back Ba’al!”
Maybe the answer is to burden these ideologues/sanctomonious hypocrites with the burden of ‘paying for a child–food, clothing, healthcare and education– that results from their ‘religious beliefs’ that preclude contraception and/or abortion. When will some woman step forward and sue their asses for having to carry to term and deliver an unplanned-for, unable-to-provide-for, or unwanted child?
Religious beliefs or doctrines can not be written into civil laws…period….what will a muslim business owner object to, as far as following federal law regarading treatment of women, can they stone them because it is their “belief”…..fuck this…..we cannot stand any more mental illness in the us today…..we seem lost about what is right and wrong…..mentally ill
Spot on. Paying ANY taxes while not enjoying the full range of civil rights that most other people have offends my religion but I’ll bet if I stopped paying them, I’d be in jail right beside Wesley Snipes.
Killing for Christ is a time-honored tradition, just consider the Crusades.
The plutocrats already worship Mammon. Is that close enough to satisfy you?
It’s Colorado again. This may be another example of the detrimental effects of fracking.
Book Salon up with Steve Coll’s Private Empire: ExxonMobil and American Power hosted by Mike Magner
I have a question,
So lets say the US courts decide to just get on with it and blast a whole the size of Jupiter through the entire concept of separation of Church and State. And they do this in order to kowtow to Christian hypocrite thug extremists who demand the right to segregate and discriminate (or worse(!) given Christianity’s very bloody history)anyone they hate?
What is to stop Christian’s then from demanding that the US return to slavery? It was after all a Biblical concept.
Does it bother the Courts that the Christian need to discriminate against whom they choose is based on Old Testament Biblical passages written hundreds of years BEFORE the time of their supposed Jesus and Savior? The Jesus that today’s Christians say they worship but who in fact they know nothing about?
Seriously? Here in the 21st century, would the notion of Christian enabled slavery sanctioned by US courts bother the Judges?
Hell! Does it bother today’s Christians? It should! But apparently it doesn’t.
Hercules, that rings a bell…
Wait, Hercules made and sold Agent Orange (Dioxin) for the Vietnam War. Where the funk were their consciences then? Killing and poisoning Asians is ok?
Or was this a different set of immoral assholes?
Completely……Apparently thou shalt not kill only applies to embryos according to the whackadoodles……perfectly “Christian” to bomb the crap out of living breathing people who come from different parts of the world. Jesus is totally pro DoD.
OR…some militant humanitarians or even Christians sue the Federal goverment for violiating their religious freedom by making them pay taxes for, oh, drone killings of both foreigners and American citizens? Could be lots of other killings, as well.
Thou shalt not kill, right?
Why is it only the sexy stuff which enjoys protection from government “intrusion” into religious beliefs and freedoms?
I still say the liberal christians ought to sue and complain that their taxes are being utilized to support killing for the death penalty and wars.
The conservative Christians shouldn’t get to cherry pick which Christian views the government can and can not make you pay for. It’d be fun to watch the justices twist themselves into pretzels when it defunds a portion of our government’s responsibility that quite frankly has grown so large to the point of ridiculousness.
What a crackpot legal argument.
This one’s got slippery slope written all over it.
“What is to stop Christian’s then from demanding that the US return to slavery? It was after all a Biblical concept.”
The 13th Amendment for starters.
Thats exactly my point. To today’s Christians, Ammendments, the 13th or otherwise, don’t matter if it
means they can’t discriminate.
Case in point, how many times since Reagan and far more so under BushCo have we seen them
introduce legislation for Ammendments not to guarantee Rights – but take them away?
Take them away all in the name of their Jesus.
Christians loathe our secular government. They are offended and threatened by it. And they want it gone.
All in the name of their Jesus – who appearantly discriminates, hates and harms.
I get your argument, and I put nothing past the fundies- but the 13th Amendment is very specific on the point (no room for “interpretation” here):
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Of course, Americans can- and have created an impressive gulag with a substantial racial component… no reason why they can’t expand it with ever increasing types of crimes and draconian punishments, provided that they’re willing to pay for it.
Wait, I am a little confused. It is only Christian beliefs that count? Is Jewish circumcision covered in the ACA? Can you get coverage for female genital mutilation?
More to the point…can Christian Scientists sue to be excluded because they do not believe in medicine at all, as it is God’s will if you get sick and die? What about pagan worshipers? Can they sue to get permission to sacrifice their female virgin employees for a better business year? No you say, that would be illegal. Well birth control is legal. So is abortion, for that matter!
So why does this judge think he can pick and choose which “beliefs” is a religious exemption, and which is not?
Our government is so fucked up!
Could you please publish accurate news accounts?
There is no “Obama Mandate” on Hercules to provide birth control — there is a requirement on insurance companies to provide birth control with every policy regardless of who hires who. The insurance policy is private property of the person named on the policy — it does not belong to the employer, it does not belong to any church, it does not belong to the govt. If your name is not on that policy, then you have no standing to sue. There is a mandate for insurance policies to provide to the policy named beneficiary, and nobody else has any business sticking their nose in the private wages and the earned private property benefits of the employee.
The Bible says the worker deserves their wages. So shut up and butt out. It’s not your name on the policy — it belongs 100% solely to the named policy holder, NOT YOU.
What a great country. It’s illegally bombing, invading and assassinating in various countries around the planet and now its Supreme Court will determine if Hercules Industries has to provide rubbers to its employees.
You’re citing an amendment to a document that is no longer recognized as valid by the plutocracy or their government puppets, and that the majority of the people have never read or studied. You’re going to need a better argument than a document that’s been shredded and/or replaced.