The Valley Catholic January 22, 2019 | Page 9

tvc.dsj.org | January 22, 2019 IN THE CHURCH 9 Judges Block Expansion of Religious Exemptions to HHS Mandate WASHINGTON (CNS) -- Two federal judges temporarily blocked the govern- ment from utting into eff ect new rules that would expand the exemption to the federal contraceptive mandate to the Little Sisters of the Poor and other religious employers. The decisions came in cases fi led in federal courts in Pennsylvania and Cali- fornia that challenged the expansion, arguing that allowing some employers to not off er contrace tive coverage in health insurance plans violated provi- sions of the ff orda le are ct. Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of Pennsylvania based in Philadelphia issued a nationwide preliminary injunc- tion the afternoon of Jan. 14, the day the olicy was to ta e eff ect. Beetlestone’s 65-page ruling came less than 24 hours after Judge Haywood S. Gilliam Jr. of the U.S. District Court for the Northern District of California granted a preliminary injunction sought by 13 states and the District of Columbia to sto the rules from ta ing eff ect. The decisions do not permanently block the new policy, but prevent the rules from ta ing eff ect while the legal challenges are debated in the courts. The U.S. Catholic bishops said Jan. 15 that “freezing these common-sense regulations leaves those with con- scientious or religious objections” to the contraceptive mandate “out in the cold. In a free country, no one should be forced to facilitate or fund things like contraception, sterilization, and abortion-inducing drugs and devices, which go against their core religious beliefs,” they said. ec et, a religious li erty law fi rm representing the Little Sisters of the Poor, issued a media release immedi- ately after Beetlestone’s ruling saying the religious order would continue to defend its religious rights by opposing the lawsuits seeking to block the rules. e never wanted this fi ght and we regret that after a long legal battle it is still not over,” Mother Loraine Marie Maguire of the Little Sisters of the Poor said in the release. “We pray that we can once again devote our lives to or ministry of serving the elderly poor as we have for over 175 years without being forced to violate our faith.” Mark Rienzi, Becket president, ex- ressed confi dence that oth rulings would be overturned on appeal. “Government bureaucrats should not be allowed to threaten the rights of the Little Sisters of the Poor to serve according to their Catholic beliefs,” he said in the media release. “Now the nuns are forced to ee fi ghting this unnecessary lawsuit to protect their ability to focus on caring for the poor.” eetlestone ruled that the eff ort to expand the exemption while leaving in place other provisions for preventive care “is inconsistent with the ... text” of the ACA. illiam off ered a similar ex lanation in his 45-page decision, determining that the new rules were “not in accor- dance with the ff orda le are ct. The religious order and the March for Life Education and Defense Fund were permitted to join the case as “permissive intervenors.” The sisters have been in the spotlight for several years because of their moral objection to the Department of Health and Human Services’ requirement that most employers, including religious employers, cover contraceptives, steril- ization and abortion-inducing drugs in their employee health plans. The man- date was put in place by HHS under the ACA during the Obama administration. The Trump administration subse- quently introduced rules in October 2017 to expand the exemption to reli- gious em loyers and resented fi nal The White House is seen during a snow- storm in the early hours of Jan. 14. (CNS photo/Carlos Barria, Reuters) rules in November. The Little Sisters of the Poor, through their attorneys, said their rights under the Religious Freedom Restoration Act would be violated if they were forced to comply with the mandate as the law requires. “We pray that this decision will be appealed and that future courts will respect the free exercise arguments of the Little Sisters of the Poor and so many others who simply seek the freedom to serve their neighbors without the threat of massive government fi nes hanging over their heads,” said the U.S. Catholic bishops’ statement. It was issued Cardinal Daniel N. Di- Nardo of Galveston-Houston, president of the U.S. Conference of Catholic Bish- ops; Archbishop Joseph F. Naumann of Kansas City, Kansas, chairman of the USCCB Committee on Pro-Life Activities; and Archbishop Joseph E. Kurtz of Louisville, Kentucky, chairman of the USCCB Committee for Religious Liberty. Lori Windham, an attorney with Becket, told Catholic News Service Jan. 14 that the rules put forward by the administration were “sensible to protect religious freedom.” Rienzi argued in favor of the rule Jan. 10 during a hearing in Philadelphia and ew cross country for a hearing an. in federal court in Oakland, California. Windham joined Rienzi in Pennsyl- vania to argue in support of the regu- lation. She said the pair told the court they believed the states have no right to challenge the regulation. They haven’t identifi ed any woman who would be harmed by these rules,” Windham said. “The mandate lawsuits have been going on for a long time. The religious objects have gotten protection from the courts. So it’s pretty silly for states to show up now years later to all of a sudden say these people are going to be harmed.” The decisions of both federal judges are se arate from a similar case fi led to oppose the October 2017 rules. The 9th Circuit heard oral arguments in that case in October. California Attorney General Xavier Becerra and Pennsylvania Attorney eneral osh ha iro fi led their cases days after the rules were introduced in 20 and again soon after the fi nal rules were introduced in November. They have argued that women would lose employer-sponsored contraceptive coverage, leading to “economic harm” to states as women turn to state-based programs or programs that are reim- bursed by the state. Becerra also argued that the HHS ruling providing the religious exemp- tion violates constitutional amend- ments because it allows employers to use religious beliefs to discriminate against employees and denies women their rights to equal protection under the law. California, Delaware, Maryland, New York and Virginia joined in the fi rst suit. They were oined y onnecti- cut, Hawaii, Illinois, Minnesota, North Carolina, Rhode Island, Vermont, Washington, Virginia and the District of Columbia in the most recent suit that led to Gilliam’s decision. The Little Sisters of the Poor, through their attorneys, said their rights under the Religious Freedom Restoration Act would be violated if they were forced to comply with the mandate. Becket lawyers have argued all along that the government has many ways to provide services to women who need them as well as protect the Little Sisters: “Neither the federal government nor the state governments need nuns to help them give out contraceptives.”