New HHS contraceptive rules for nonprofits fail court test

A federal judge in Florida ruled the Obama administration’s latest exemption policy for nonprofit organizations that object to the contraceptive mandate does not do enough to protect their religious freedom. Judge James S. Moody Jr., appointed by President Bill Clinton, issued a temporary injunction that protects Ave Maria University, a Catholic college in southwest Florida, from penalties if it doesn’t comply with the contraceptive mandate rules.

Those rules require employers to provide a variety of contraceptives, some of which can act as abortifacients, to employees free-of-charge as part of their health insurance plans. Ave Maria objects to all contraception and sterilization as immoral and considers abortion and the use of abortifacient drugs a grave sin, according to court documents.

The Obama administration initially created an exemption process for nonprofits in which the organizations could notify their insurer of their objections and the insurer would provide the medications to the employee. In August, the White House announced a revised accommodation for nonprofits in which they could notify the Department of Health and Human Services, which then would work with the organization’s insurer to provide the drugs to employees at no cost to the organization. Religious organizations such as churches and religious orders are entirely exempt from the mandate.

While some nonprofits accepted the August rule revisions that took them out of the loop for arranging coverage for employees, others, including Ave Maria, rejected them as legal acrobatics that did not preserve their right to object to providing contraceptives. Moody agreed with the latter group. He cited a case from before the rule changes as precedent for issuing the injunction, saying the accommodation remained essentially the same after the August changes.

“This distinction is not so significant as to warrant departure from the 11th Circuit’s precedent in Eternal Word,” Moody wrote, referencing the case that won Eternal Word Television Network (EWTN), a Catholic media company, relief from the rule. The temporary injunction will protect Ave Maria from racking up millions of dollars in fines starting Nov. 1, when its health plan rolls over to a new year.

Eric Baxter, senior counsel for the Becket Fund for Religious Liberty, said the ruling reinforces what many other courts have said—including the Supreme Court in its landmark Hobby Lobby ruling—that the government cannot force people of faith to violate their religious beliefs.

“Fortunately, the courts continue to see through the government’s attempts to disguise the mandate’s religious coercion,” Baxter said in a statement. “We congratulate Ave Maria for its courage, even under the threat of crippling fines.”

Ave Maria President Jim Towey said in a statement the court victory was significant but not total, noting the temporary injunction only covers the college until the 11th U.S. Circuit Court of Appeals issues a final ruling in the EWTN case.

“Thank you for your prayers and please continue them,” he said. “Be assured that Ave Maria University will press on until our religious liberty rights are fully vindicated.”