A tentative win for religious liberty in Obamacare lawsuit
A federal appeals court said Tuesday it will hold the Obama administration to its promises to change Obamacare’s controversial contraceptives mandate for certain religiously affiliated employers such as colleges. I guess the judges are now part of the “war on women.”
If so, they are joined by the Obama administration itself — which, as the court noted in its Tuesday order:
represented to the court that it would never enforce [the rule] in its current form against the appellants [Wheaton College and Belmont Abbey College] or those similarly situated as regards contraceptive services. … There will, the government said, be a different rule for entities like the appellants …
But promises aren’t enough. The court said it took the administration’s pledge during oral arguments to create a different rule for the colleges and similar organizations to be “a binding commitment,” and it ordered the administration to provides updates about progress made toward the creation of the new rule every 60 days.
This ruling does not necessarily mean the administration will rewrite the rule completely to the liking of the colleges or other entities that view the mandate to subsidize contraceptives for their employees, in violation of their consciences, as an infringement on their religious liberty. Nor does it mean the colleges would necessarily prevail in the courts if they were to continue their lawsuits after the new rule is introduced.
But Tuesday’s ruling is important because the Obama administration is now legally obligated to follow through with its promise to rewrite the rule to accommodate religious liberty.
– By Kyle Wingfield
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217 comments Add your comment
JamVet
December 19th, 2012
3:44 pm
Meat of the House, Benji Benghazi and christian fraud,
I’m here to help you work out your anger issues.
You know, scream your impotent screams at me so you don’t go all James Adkisson on society.
(Your families and society thank me.)
CC
December 19th, 2012
3:45 pm
LBB:
Correction! I meant MarkV instead of JamVet!
Dusty
December 19th, 2012
3:46 pm
carlos
You seem to forget that this country was founded by people with faith. That is why we see “In God we trust.” Most first generation Americans were Christian yet they could draw up a constitution that respected everyone, religious or not. .
Don’t try to change history to justify your own lack of faith. I’m sorry you miss so much with your blind misrepresentation. Your loss.
Dusty
December 19th, 2012
3:50 pm
No JamVet
Nobody thanks. you. They do feel pity. That’s all.
ATL Born and Raised
December 19th, 2012
3:52 pm
I’m sorry but you don’t really have a “moral” leg to stand on. If we called “birth control” what it really is – “hormone control” – what would be the big f’ing deal? Plenty of women take hormone control to treat a variety of conditions and disorders and a side effect of that is they are also prevented from becoming pregnant with correct usage. Many women take hormone control and don’t have sex. And so what if they do? Plenty of married women take hormone control to prevent pregnancy. The sluts!
And no one has seen fit to challenge the argument put forth earlier by Matz. What about religions that oppose blood tranfusions, etc? Where do they get to draw the line? Frankly, I pay a premium every month and therefore I am paying for the healthcare I receive. My employer has no place to tell me how I can and cannot manage my own health, nor do my coworkers.
I don’t like the idea of “paying” for someone’s lung cancer treatment because they smoked their whole lives or their diabetes medication because they can’t keep their weight under control. But that’s how health insurance works. Jesus, single payer please!
Rafe Hollister preparing for an Obamanist America
December 19th, 2012
3:53 pm
Dusty, put that old washer on Craig’s List in the free stuff section, someone will call you within hours. I have given away more old appliances, scraps, and unwanted trash than I want to think about. Easier and cheaper than the landfill.
Dusty
December 19th, 2012
4:01 pm
Thanks, RAFE,. I may follow up on your suggestion. Bye bye washing machine..
carlosgvv
December 19th, 2012
4:15 pm
Dusty, Barry, Del, CC
1. None of you bothered to actually answer the question I asked.
2. I don’t know if there is, or is not, a God or Gods. I never said I was an atheist. I am an agnostic.
So, you artfully(you think)dodged the question, have no reading comprehension and don’t know the difference between an atheist and an agnostic.
That is exactly what I expected from you four Christian Academy adolecent homeschoolers.
Aesop's Fables and other Lib Economic Theories
December 19th, 2012
4:17 pm
PRINCETON, NJ — Americans are most likely to say that an increased police presence at schools, increased government spending on mental health screening and treatment, and decreased depiction of gun violence in entertainment venues would be effective in preventing mass shootings at schools. Americans rate the potential effectiveness of a ban on assault and semi-automatic guns as fourth on a list of six actions Gallup asked about.
The American people aren’t as dumb as the liberals are.
Cheesy Grits is gone but not forgotten
December 19th, 2012
4:20 pm
The American people aren’t as dumb as the liberals are.
Most Americans are liberal and the country leans to the left.
I know in the redneck south that’s hard for you to believe but its true.
Try again.
Cheesy Grits is gone but not forgotten
December 19th, 2012
4:22 pm
http://politicalticker.blogs.cnn.com/2012/12/19/cnn-poll-bare-majority-now-support-major-gun-restrictions/?hpt=hp_t2
52 percent of Americans now favor MAJOR gun restrictions.
Cheesy Grits is gone but not forgotten
December 19th, 2012
4:23 pm
And the CNN/ORC International poll released Wednesday also indicates that a bare majority now favor major restrictions on owning guns or an outright ban on gun ownership by ordinary citizens and more than six in ten favor a ban on semi-automatic assault rifles.
@@
December 19th, 2012
4:26 pm
My apologies for the late response.
@@
And you personify the clueless
Shirnty shirnt
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
Cheesy Grits is gone but not forgotten
December 19th, 2012
4:27 pm
The more shooting tragedies that happen in this country the closer we get to meaningful gun control laws. The needle moves a little more in favor of it everytime something like this happens.
Unfortunately more people will have to die before we get there.
CC
December 19th, 2012
4:29 pm
“That is exactly what I expected from you four Christian Academy adolecent homeschoolers.”
Rejoice that you have received exactly what you expected.
Aesop's Fables and other Lib Economic Theories
December 19th, 2012
4:32 pm
Most Americans are liberal and the country leans to the left.
Does this clueless bozo know anything?
PRINCETON, NJ — Political ideology in the U.S. held steady in 2011, with 40% of Americans continuing to describe their views as conservative, 35% as moderate, and 21% as liberal.
Linda
December 19th, 2012
4:36 pm
For decades, most employers have been providing benefits for employees, including health insurance. There were employment agreements between employers & employees. If employers did not offer benefits, the employees had no obligation to work there. If employees already had health insurance (for example, thru spouses’ employers), employees could negotiate to receive higher wages rather than benefits. Employees have always had the right to choose whether to participate in & partially pay for group health insurance.
For the first time in American history, Obamacare is REQUIRING employers to provide health insurance to its employees, whether the employees want or need it or not. For the first time in our history, Obamacare is REQUIRING employers to provide health insurance to its employees’ families. For the first time in our history, Obamacare is dictating that employees can contribute only up to 9% of the cost of Obamacare. For the first time in our history, Obamacare is dictating that employee health insurance must be comprehensive, eliminating the lower cost health savings plans, etc. (If you like it, you can’t keep it.)
There have always been employers who provided health insurance benefits to its employees that did not cover contraceptives, etc. for various reasons, one of which was conscious, i.e. religious beliefs. For the first time in our history, the federal govt. is telling religious institutions that they can no longer practice their religion in the same manner in which they have for centuries.
The progressive movement must destroy American institutions to be successful. Obamacare prohibits the free exercise of religion. Obamagun will infringe upon our rights to keep & bear arms.
Dusty
December 19th, 2012
4:37 pm
MarkV,
I don’t quite follow your explanation of the stand taken by the Catholic Church. They do not believe in birth control as they consider chidren a gift of God and totally desirable. To prevent such a gift is totally offensive to them. Therefore they do not wish to offer such an obstruction to their belief. They do not know how wages will be spent but they do not wish to offer birth control as a “benefit” when they do not consider it to be one. (This is my understanding. I am not a Catholic.)
We put POISON on bottles of poison because we want people to know that it may kill them. We would not pay for poison and offer it to them either. Catholics do not want contraceptics offered because they believe it is wrong Their church does not wish to make it available by their help.
The Catholic Church has gone to court to settle these differences. That is an availability that one and all may access.
Rightwing Troll
December 19th, 2012
4:38 pm
The level of discourse here is about “normal”…
If you don’t like the word “liar” being bandied about, then you all should stop lying.
If 40% of the country is “conservative” and 35% moderate, then that speaks volumes to how dishonest you all were to lose an election that should’ve been a walk in the park, both yourelves and your candidate had not one shred of honesty amongst you all, and the American people saw that.
You lost not because Obama promised anybody anything, but because you all couldn’t stop lying.
President Romney
December 19th, 2012
4:43 pm
“Therefore they do not wish to offer such an obstruction to their belief.”
Then why do they offer it through several of their organizations already?
Look it up then get back to me.
Their own “religious liberty” argument is laughable based on the fact that the Catholic Church through several of their affiliates under their umbrella already offer contraceptive coverage.
If they didn’t offer it, except where mandated by state law, it would be a great argument. But that is not the case.
Aquagirl
December 19th, 2012
4:47 pm
Nice try, Aquagirl, but fail.
The KKK isn’t a religious organization,
Says who? You? That’s your opinion, and it’s worth less legally than a stick of gum. Hope your ego can take it.
so the do not have constitutional protections in this regard. You’d know that if you ever bothered to read that document.
If you’d ever bother to read the Constitution you’d realize there is NO definition of religion. If the KKK says “we won’t cover sickle-cell treatment because it’s God’s curse on the Children of Ham” that’s their interpretation of God’s word.
That’s the problem with unbridled secular accommodation of the god-told-me-so card. There’s no burden of proof that god told you so. All you have to do is say it. As far as I can tell Wheaton is generic evangelist Christian. You clearly don’t need a denomination to claim religious belief.
BTW…The LDS defined people of African descent as under the curse of Ham and African-American men were not eligible to the priesthood until the ’70’s. So it’s not like there’s no precedent for this type of thought.
Tiberius - pulling the tail of the left AND right when needed
December 19th, 2012
4:48 pm
“Its maddening to me that Evangelicals oppose birth control”
Strange, but I never have seen where Evangelicals oppose birth control.
Making up more stuff, Cheesy?
President Romney
December 19th, 2012
4:49 pm
Dusty
Let me help you: Georgetown University for starters. They are not even mandated by law in DC to offer, but have for years and still do.
Before it was state law they offered coverage at Marquette University & Catholic West Healthcare.
There are numerous examples if you want to get out of the echo chamber and look at the facts.
Tiberius - pulling the tail of the left AND right when needed
December 19th, 2012
4:52 pm
“If the KKK says “we won’t cover sickle-cell treatment because it’s God’s curse on the Children of Ham” that’s their interpretation of God’s word. ”
Another epic fail, Aquagirl. “IF” means they’d had to submit to meeting standards for a religion, which they have not (and I suspect they won’t ever) do. You can make up all sorts of meaningless scenarios, but they don’t meet the reality test.
“The LDS defined people of African descent as under the curse of Ham and African-American men were not eligible to the priesthood until the ’70’s”
And while I disagree with their previous thought, it did not interfere with someone’s life, liberty or property, Aquagirl.
Next time, try Reading Comprehension 101.
Dusty
December 19th, 2012
4:53 pm
Carlos
It does not matter to me if you are an atheist or an agnostic. I am sorry you have missed the joy of Christian faith, the gospel of love one another.by one who loved us all.
You are always welcomed at our church. The doors are open. No questions about your faith or anything else. Just enjoy the peace. Give it a try.among people who care.
Tiberius - pulling the tail of the left AND right when needed
December 19th, 2012
4:56 pm
“52 percent of Americans now favor MAJOR gun restrictions.”
Well, it’s a good thing we don’t live in a democracy, where three wolves and one sheep can decide what’s for dinner, isn’t it, Cheesy?
That is why a Constitution and Bill of Rights LIMITING the government’s power was written and adopted.
Lil' Barry Bailout - OBAMAPHONE!!!
December 19th, 2012
4:58 pm
Hey President Romney, where’s your friend Black Label?
Sockpuppet.
Lil' Barry Bailout - OBAMAPHONE!!!
December 19th, 2012
4:59 pm
And 60% think the top tax rate should be no more than 25%.
So what’s your point?
President Romney
December 19th, 2012
5:00 pm
Lil Barry
He is trying not to get banned like you have been in the past
CC
December 19th, 2012
5:01 pm
Cheesey is much more interested in taking away the rights of Americans than he is in the Constitution’s limiting the power of the federal government. Cheesey would choose security over liberty and would end up with neither.
JamVet
December 19th, 2012
5:02 pm
Well, it’s a good thing we don’t live in a democracy
Wow.
The made up Republican claptrap around here never ends does it?
Democracy -noun
1) Government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system.
President Romney
December 19th, 2012
5:02 pm
Lil Barry
I could rattle of some of your past puppets & incarnations, but you can have you fun today. You deserve it.
Lil' Barry Bailout - OBAMAPHONE!!!
December 19th, 2012
5:02 pm
“The KKK isn’t a religious organization”. “Says who? You?”
———-
Just for the record, the IRS decides which organizations are churches.
Lil' Barry Bailout - OBAMAPHONE!!!
December 19th, 2012
5:03 pm
Go ahead, PresRo, I will enjoy watching you flail (and fail).
Dusty
December 19th, 2012
5:06 pm
President Romney,
I have no idea why some Catholic Universities are more liberal than others. I only explained what I thought was the principle promoted by the Catholic church about contraceptives. As I said, I am not a member of the Catholic church.
Maybe you can explain ;the difference.in policy. .
JamVet
December 19th, 2012
5:06 pm
The KKK isn’t a religious organization.
True.
The southern white churches just provided a huge pipeline to if for members. And the Christian supremacist message was integral to their mission.
President Romney
December 19th, 2012
5:13 pm
Dusty
I am not Catholic, but now they have some discrepancies (hypocrisies) when stating “religious liberties” in regards to contraceptive coverage.
In some states they are mandated, so that is beyond their control. However there are numerous cases were they have covered contraceptives in states that do not mandate coverage or before a given state mandated coverage.
To be honest, I would be much more receptive to their stance if they were suing to be totally exempted from the ACA as compared to the “religious liberty” argument that they already go against.
Linda
December 19th, 2012
5:21 pm
Dusty@3:15, I agree with you.
I appreciate Kyle’s blogs. He’s very intelligent & appears to spend a lot of time & energy researching his topics. He is extremely fair & accurate. He presents the facts & backs them up. He’s the opposite of liberal bloggers who spew propaganda. I’ve always enjoyed reading his opinion as well as the comments. BUT NOT ANY MORE.
I’m not sure that Kyle is reading the comments from the previous afternoons & evenings. What bothers me the most are the insults to Kyle. The liberal bloggers do not hesitate to make personal attacks & use references to anatomy & inappropriate language to the conservative bloggers. I’m tired of it.
If I had a young child, I would add this blog to parental controls. I’ve never been to a biker’s bar, but I would imagine that similarities would exist. Other blogs do not tolerate perverse comments. They are deleted. This blog has certainly changed.
jag
December 19th, 2012
5:24 pm
Their own “religious liberty” argument is laughable based on the fact that the Catholic Church through several of their affiliates under their umbrella already offer contraceptive coverage.
With a co-pay.
Obamacare mandates they receive birth control WITHOUT having to pay—free of charge—passing the cost onto people whose religious beliefs are then compromised.
President Romney
December 19th, 2012
5:26 pm
Linda
Your selective condemnation is amusing. You make some good points, however it is a two way street on this very blog in regards to name calling, insults, etc.
Neither side is even close to a monopoly.
Aquagirl
December 19th, 2012
5:27 pm
“IF” means they’d had to submit to meeting standards for a religion, which they have not (and I suspect they won’t ever) do.
So you’re saying Wheaton College meets the standards for a religion? They don’t. They identify as Christian, and say birth control violates their religious beliefs as Christians. The KKK could launch a “christian” college and claim exemptions under their religious beliefs, whatever they might be. There is no agreement of what Christians believe.
And while I disagree with [the LDS church] previous thought, it did not interfere with someone’s life, liberty or property, Aquagirl.
So your point is the LDS church never got as snotty and entitled as Wheaton or other “christian” entities? The fact the LDS didn’t behave as complete a-holes means nothing—except they’re less nosy, judgmental, and entitled as the current crop of jerks like Wheaton. And boy, considering the LDS….that’s saying something.
You absolutely can’t defend why your blanket pass of “_____ violates my Christian beliefs, so I get to do what I want.” I have you punked on that one. Squirm all you like.
Now when the LDS claimed Jesus or Kolob or whatever entitled them to 15 wives, the government told them to pound sand. If they want to live with 15 women and call them all wives, it’s a free country. What they CAN’T do is insist non-Mormons cover their 15 wives under spousal insurance, etc. That’s stretching your personal Jeebus-told-me practice into secular life. We’ve always limited such things.
The U.S offers great latitude in personal practice of religion. But there’s always little tin pot dictators who think they should be able to run businesses like their church. They’re control freaks. If Wheaton thinks Jesus would want them to spend big bucks in court, I say bully for them. Bankruptcy would be a fine ending to their wannabe kingdom.
President Romney
December 19th, 2012
5:31 pm
jag
If it is “religious liberty” issue, co pay or not, then why church is already subsidizing that coverage in cases where they are not mandated?
Again, if they were arguing a total exemption, I would be more receptive and sympathetic to their plight from a “religious liberty” perspective. Since they are arguing against something that they already do in certain instances, if they lose………. oh well.
Dusty
December 19th, 2012
5:38 pm
AmVet
There is also another word in the dictionary.
Republic–noun–
A state in which the supreme power rests in the body of citizens entitled to vote and is exercised by representatives chosen directly or indirectly by them.
We are a democratic Republic.. Why? Because there is another definition of democracy.
Democracy (noun)
A state in which the supreme power is invested in the people and exercised directly by them rather than by elected representatives.
See the difference. We ELECT our representtives which makes us a republic, a democratic republic.
Speaker of the House Nasty Pelosi
December 19th, 2012
5:42 pm
Robert Byrd was a Republican?
yuzeyurbrane
December 19th, 2012
5:42 pm
I did not know universities practiced religion. I thought individuals did. And who protects the rights of the individuals who want birth control as part of Obamacare but whose employers are imposing their will?
MarkV
December 19th, 2012
5:48 pm
Dusty @ 4:37 pm
Dusty,
Let me help you understand. I will ask you a question: How do you exercise your religion?
Actually, you do not have to answer the question here, just to think about it, perhaps make a list for yourself in your mind. OK?
Now, think about what you pay your taxes for. Is anything in what those taxes are used for against your religion? If not, consider someone, whose faith is in strong opposition of the death penalty. But the taxes are used for that. Or, he she is a conscientious opponent of war, but must pay those taxes. Or, let’s say that you, or someone like you and who opposes birth control, would give money to some organization that, among other things, provides birth control.
Finally, think about that original list of things you do to exercise your religion. Do you believe that any of those things above, paying those taxes, contributing to an organization, etc., PROHIBITS your exercise of religion? Does any of that make it impossible for you to do those things you have listed? Because that is what is at issue: The first amendment, that forbids prohibition to exercise religion.
JamVet
December 19th, 2012
5:50 pm
Nasty, I accept your juvenile surrender.
Dusty.
A state in which the supreme power is invested in the people and exercised directly by them rather than by elected representatives.
Please provide the link for that definition, OK? I searched for that exact phrase and cannot find it.
Speaker of the House Nasty Pelosi
December 19th, 2012
5:54 pm
You don’t have to cry, Jammies.
MarkV
December 19th, 2012
5:55 pm
Dusty @ 5:38 pm
Dusty,
Please, please, do not go into that nonsense of a debate about whether we are a democracy. The US is a democracy, it is a republic, it is a representative democracy, it is a constitutional republic, it is all those things and more. The UK is a monarchy, and it is still a democracy, a parliamentary democracy, but still a democracy. The US is not a direct democracy, but neither is any other country.
Rafe Hollister preparing for an Obamanist America
December 19th, 2012
6:01 pm
You lost not because Obama promised anybody anything, but because you all couldn’t stop lying.
Nope, no one can out promise and out lie a Democrat, so it does a Rep no good to lie on the campaign trail. If you promise free rides to work, the Dems would jump in offering free cars.