Resistance to HHS Mandate Grows: 7 States File Lawsuits, National Rallies Announced

By Deacon Keith Fournier
2/27/2012
Catholic Online (www.catholic.org)

We need a massive resistance on every front opposing the HHS mandate

The HHS Mandate violates the Free Exercise of Religion secured in the First Amendment to the United States Constitution. Religious Freedom is a fundamental Human Right. It cannot be taken away by either the State or the Federal government.The HHS mandate is an unjust law. It has given rise to a tide of resistance which holds great promise.Citizens are standing together against an unjust mandate, working to protect and preserve the fundamental human right to the first freedom, Religious Freedom.

The headquarters of the Department of Health and Human Services in Washington, DC

Facebook Delicous MySpace

Twitter Stumble Digg

More Destinations

TACOMA, WA. (Catholic Online) - In a case of significance - particularly given the unconstitutional mandate of the Health and Human Services - the Becket Fund for Religious Liberty won an important federal court victory this week. In Stormans Incorporated v Mary Selecky, Secretary of the Washington State Department of Health a Federal Court struck down a law in the State of Washington which required pharmacists to dispense the "Plan B" pill in violation of their religious conviction and conscience or face punitive measures.

Here is a portion of the Court's summary of the case: "This case presents a novel question: can the State compel licensed pharmacies and pharmacists to dispense lawfully prescribed emergency contraceptives over their sincere religious belief that doing so terminates a human life? In 2007, under pressure from the Governor, Planned Parenthood, and the Northwest Women's Law Center, the Washington State Board of Pharmacy enacted regulations designed to do just that."

"The rule primarily at issue, commonly known as the "delivery rule," requires pharmacies to timely deliver all lawfully prescribed medications, including the emergency contraceptives Plan B and ella. Under the delivery rule, a pharmacy's refusal to deliver is grounds for discipline, up to and including revocation of its license. In operation, the delivery rule bars a pharmacy from referring patients seeking Plan B to other pharmacies, meaning they must dispense the drugs."

"In violation of the regulations, but in conformity with their religious beliefs, the Plaintiffs refused to dispense Plan B to Planned Parenthood test shoppers and others. The Board launched a series of investigations, and this suit was the result. Based on the evidence presented at trial, the Board's regulations, while facially acceptable, are in practice unconstitutional. Plaintiffs are two individual pharmacists and a corporate pharmacy. Each holds the sincere religious belief that life begins at conception, when an egg from the female is fertilized by the sperm from the male."

The Plaintiffs were represented by lawyers from the Becket Fund for Religious Liberty, a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. It was founded by one of my heroes, Kevin J. "Seamus" Hasson. They recently won the 9-0 victory at the Supreme Court in Hosanna-Tabor v. EEOC which I wrote about here. They are also representing the Eternal Word television Network in their case challenging the constitutionality of the HHS mandate.

We need a massive resistance on every front opposing the HHS mandate. We also need a resistance against any similar efforts at the State level. The HHS mandate will require all employers, including Catholic and other religious employers, to cover sterilization, abortifacients, and contraception in their health care plans. The exemption provided for religious employers did not cover hospitals, universities, soup kitchens, outreaches to the poor and many other vital expressions of our Catholic faith and mission. The purported accommodation was a fraud, a shell game, which accomplished nothing.

The HHS Mandate violates the Free Exercise of Religion secured in the First Amendment to the United States Constitution. Religious Freedom is a fundamental Human Right. It cannot be taken away by either the State or the Federal government. The Federal Government of the United States is trying to force the Catholic Church to act against deeply held religious convictions and to violate conscience. Failure to do so will bring punitive measures. They would have the practical result of closing many of the Church's outreaches, ministries and institutions of care and compassion. This not only injures the Church it injures American society.

The HHS mandate is an unjust law. The claim that such an edict is an unjust law is rooted in the western understanding of the nature of law. It is the same firm foundation upon which the American founders grounded their insistence that there are inalienable rights, endowed upon us all by a Creator, which cannot be taken away by any civil government. Positive law must reflect the Natural Law or it is unjust.

Saint Augustine said of an unjust law, "For it seems to me that an unjust law is no law at all." Saint Thomas Aquinas explained, "Human law is law only in virtue of its accordance with right reason: and thus it is manifest that it flows from the eternal law. And in so far as it deviates from right ...

1 | 2 Next Page

Rate This Article

Was this helpful to you? Very Helpful Somewhat Helpful Not Helpful at All

Would you be interested in more articles like this? Yes, I am Interested No, I am not Interested

Rate Article

1 - 10 of 34 Comments

vance
1 year ago
Rob, "name one thing Obama did to hike up gas prices?" I can name a few. How about his shutting down (( ALL )) gulf oil drilling and this includes Alaska via executive order. Obama has done what he promised and that is to shut down a third of our coal industry via EPA mandates. Oil production has increased in North Dakota because it is happening on "Private" land. As a result, North Dakota's economy is soaring. This is happening inspite of your Dear Leader not because of him. How about the Canadian Oil Pipeline he just blocked. All this has a direct impact on oil prices. It's that thing called "Supply and Demand". Besides your Marxist Leaders have all openly stated that gas prices should be high because the Europeans are paying double for their gas. AAANNND if gas prices are high, we will all be ((( FORCED ))) to ride bicycles or tiny electric golf carts to ((( SAVE THE PLANET ))).
vance
1 year ago
JoAnn, don't worry about it. I know what you mean. Sometimes I need to be set on the straight and narrow from time to time. I enjoy your posts. God Bless.
JoAnn
1 year ago
"There are two ways to conquer and enslave a nation. One is by the sword. The other is by debt." John Adams
JoAnn
1 year ago
Vance: What a putz I am. I just reread my post to you. Big typo. I've got sandals instead of sand. Chalk it up to a "senior moment." Sometimes my fingers aren't in step with my brain. God bless.
Rob
1 year ago
If we were in a surplus situation, no deficits, economy was roaring etc, I would believe that Obama is this grand bringer of doom. If our tax system was fair and radically changed the day he took office I would believe it. If all the social issues that are being tweaked when he took office were not issues before, I would believe it. But our country's bankruptcy goes well beyond Obama, although he owns a piece. Gas prices, point to one thing he has done that is directly responsible for the increases. I know you know that we are currently drilling more than we had over the last eight years and we are currenlty exporting gasoline. I guess you could say that because he refuses to regulate the futures market that may be one reason, but not sure that is an Obama priority. GOP wouldn't never support anyway. And how excactly is he destroying our energy and agriculture industries? Subsidies have remained intact. Quarterly earnings will come out in early April for the energy concerns, I can assure you those results will be anything but devastating.
JoAnn
1 year ago
Vance: Give up. "Leave the village, shake the sandals from your shoes and go to the next village." Love ya. God bless.
vance
1 year ago
Rob, you didn't hear "Bring Down the Country"? Do you suppose that a country can be brought down via bankruptcy? Do you suppose that $5 a gallon of gas would hurt the poor and working class? Do you suppose that eliminating the Constitution of the United States could bring down our country? Do you think that destroying our Energy Industry and Agriculture Industry could bring down a country? Well, this is what has been going on since your Dear Leader took office.
Rob
1 year ago
It cracks me up that you guys think I'm a liberal. In the same way I have no idea what a conservative is based on what they actually do, I'm not sure what a liberal is either. Good article from the times. It's unfortuante that Presidents abuse their power like this, although one of the cases they highlighted involved a CIA person wanting to out other CIA folks on torture? Not sure why Obama would defend that given his position on that. Trying to cover their rears on spending (software case), totally not suprised as I have personal experience in my own state with a similar issue. But remember Valerie Plame? That was a pretty significant misuse of power as well that resulted in felony convictions. On both fronts, it's a terrible misuse of power for what appear to be nothing more than attempts to hide embarassment. Clinton lied, Valerie Plame, Obama and the espionage act....it happens. I watched the video of Michelle Obama and I'm sorry if I didn't hear the grand plot to bring down our country. Maybe poor choice of words, but it seemed that given where the country was at that time, it sounded like perhaps she was speaking of history and traditions that led to our failed economy and government as those would be the things that impact the future of our children. Maybe it was a plot to bring the country down by hugs and dinners? Personally I thought the speech was silly. But I guess you can see what you want right?
JoAnn
1 year ago
Vance: I guess I'm just too hopeful. I am still giving Rob and other liberals on this board the benefit of the doubt and praying for them. But, when it gets right down to it, it is all in God's hands. You know, the priest in my parish said something I thought was very profound. At Mass, yesterday morning, in his sermon, he talked about abortion and that it will be 40 years come this next January that abortion was leagalized. Since we are in lent and it is observed for 40 days and since 40 was a frequent number God used to give His people warnings. Father said "it will be 40 years since Roe v Wade" and then he said "TIMES UP." It gave me chills. I love my parish. It is really very aware of what's going on. God bless.
vance
1 year ago
JoAnn, Easy on Rob!! He's just doing his job catching spears and arrows for his Dear Leader. He agrees with what Obama and the Marxist Democrat Party are doing but he is doing a lousy job selling it.

Prev12 3 4 Next

Comments submitted must be civil, remain on-topic and not violate any laws including copyright. We reserve the right to delete any comments which are abusive, inappropriate or not constructive to the discussion.

Though we invite robust discussion, we reserve the right to not publish any comment which denigrates the human person, undermines marriage and the family, or advocates for positions which openly oppose the teaching of the Catholic Church.

This is a supervised forum and the Editors of Catholic Online retain the right to direct it.

We also reserve the right to block any commenter for repeated violations. Your email address is required to post, but it will not be published on the site.

We ask that you NOT post your comment more than once. Catholic Online is growing and our ability to review all comments sometimes results in a delay in their publication.

Name *

Email *

Comment *

Send me important information from Catholic Online and it's partners. See Sample

Post Comment