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'Contraception mandate' goes before SCOTUS

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Indiana Lawyer Focus

A Madison family business is at the forefront of a legal challenge the Supreme Court of the United States will conference over Nov. 26 – whether the Patient Protection and Affordable Care Act “contraception mandate” violates the religious liberties of company owners whose faith proscribes birth control.

The Roman Catholic owners of Grote Industries, which manufactures vehicle safety systems, objected to the Affordable Care Act’s mandate that employers provide universal access to contraception. Grote’s owners won a divided 7th Circuit Court of Appeals ruling Nov. 8 blocking enforcement of the mandate, the farthest-reaching holding among a host of cases rising through the federal judiciary.

contraception-grotefactoryshot-15col.jpg A worker at Madison-based Grote Industries examines a product in a company lab. The maker of vehicle safety systems won an injunction blocking enforcement of the Affordable Care Act contraception mandate because of company owners’ religious beliefs. (Photo submitted)

“The Grote family has run its business for over a century and simply wants to earn a living consistent with its faith commitments and duties to God,” said Matt Bowman, senior counsel at the Washington, D.C.-based Alliance Defending Freedom, who successfully argued on behalf of the Indiana company owners before the federal appellate court.

“Obamacare imposes massive penalties on families for providing generous benefits just because those families refuse to sign on to the government’s anti-life, anti-pregnancy agenda,” Bowman said in an interview after the ruling.

The 7th Circuit opinion in two consolidated cases – William D. Grote III, et al. v. Kathleen Sebelius, et al., 13-1077, and Cyril B. Korte, et al. v. Kathleen Sebelius, et al., 12-3841 – is the first federal court opinion formally affirming the grant of a preliminary injunction barring enforcement of the mandate.

Other circuits have split, and at a conference Nov. 26, the Supreme Court will have before it cert petitions on these cases that also challenge the contraception mandate:

Autocam Corp. v. Sebelius, 13-482, a 6th Circuit opinion affirming the District Court, which rejected standing on religious liberty claims for the Roman Catholic owners of a Michigan company who argued penalties under the mandate would have ruinous consequences for the business;

Conestoga Wood Specialties Corp. v. Sebelius, 13-356, a 3rd Circuit ruling denying a preliminary injunction for Mennonite owners of a Pennsylvania maker of cabinet parts, and;

Sebelius v. Hobby Lobby, 13-354, a 10th Circuit decision remanding denial of a preliminary injunction for owners of a crafts-store chain organized with express religious principles, but which sought to qualify the kinds of companies that may claim religious exemptions.

Bowman’s group also represents the Conestoga plaintiffs and believes the 7th Circuit’s recent decision is bound to have some bearing on the justices’ deliberations. “It demonstrates that the majority of courts have recognized religious freedom,” he said.

Court watchers believe that one or more of the challenges may be added to the cases to be heard in spring 2014. Bowman expects Grote also will be appealed to the U.S. Supreme Court.

All of the suits in some way invoke the Religious Freedom Restoration Act of 1993, but the majority of the 7th Circuit found not just that Act implicated, but agreed that the Grotes’ First and Fifth Amendment rights would be violated by the contraception mandate.

“The plaintiffs are not asking the government to pay for anything. They are asking for relief from a regulatory mandate that coerces them to pay for something – insurance coverage for contraception – on the sincere conviction that doing so violates their religion,” Circuit Judge Diane Sykes wrote in the majority opinion joined by Judge Joel Flaum. “They have made a strong case that RFRA entitles them to that relief.”

The majority held that the Grotes “have a direct and personal interest in vindicating their individual religious-liberty rights, even though the rights of their closely held corporations are also at stake.”

But in a dissent of more than 90 pages, Judge Ilana Rovner wrote that the ruling “represents a dramatic turn in free exercise jurisprudence” that could open the door to a host of challenges to federal regulations based on individual religious beliefs.

The opinion “bestows a highly personal right to religious exercise on two secular, for-profit corporations that have no facility of thought, conscience or belief,” Rovner wrote. “It deems the religious rights of the plaintiffs burdened by the contraception mandate without consideration of the indirect and minimal intrusion on their exercise of religion. And it disregards the extent to which the exemption from the mandate burdens the rights of the plaintiffs’ employees.”

Rovner said the majority’s holding hypothetically could prevent employees from obtaining embryonic stem-cell therapy; allow Christian Scientist business owners to severely restrict access to medical care pursuant to limits based on their beliefs; or deny coverage to same-sex couples even in states that permit such unions, if the corporation’s owners have a religious objection to same-sex marriage.

johnsen-dawn-mug Johnsen

“You could write 20 more like that,” Indiana University Maurer School of Law professor Dawn Johnsen said of the cautionary hypotheticals. She acknowledges a personal feeling that the dissent is correct in the 7th Circuit opinion, but she said the majority opinion also was thorough and impressive.

Johnsen argues that because it’s the employee’s choice to use contraception rather than an employer’s, the employer’s religious liberties aren’t “substantially burdened,” as required under RFRA. “Given that indirectness, how attenuated that is, it would be a true slippery slope to find this to be a substantial burden,” she said.

The Supreme Court “has to resolve this very dramatic split among the circuits,” Johnsen said. “This, I’d say, is going to be a closely divided court and it’s very difficult to guess which way it’s more likely to go.”

Justices are likely to take at least one of the cases from the Nov. 26 conference, Johnsen said, but they also likely will cite and rely on the 7th Circuit holding. She said all the key issues can be reached in the cases already before the court. She believes it’s unlikely the court would delay acting on at least one of the current petitions.

“The main issues include the status of the corporation both in holding rights and in having standing to assert rights, and then (rights of) the owners of the corporation,” Johnsen said.

On those issues, the 3rd Circuit held in Conestoga that “a for-profit, secular corporation cannot engage in the exercise of religion” and its owners have no claim against the contraception mandate. A related Federal Circuit ruling, meanwhile, held that for-profit corporations may not challenge the law on religious grounds, but that companies organized differently with individual owners may, according to the 7th Circuit’s opinion.•

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  • On target
    John Smith .... direct hit. I made a similar argument to the SCOTUS after the Ind S.Ct. upheld an allegedly religiously biased conclusion of the BLE. See the section of this brief on free exercise and the establishment clause. http://www.scribd.com/doc/109518279/Brownv-ind-S-ct-BoardLawExams Our governing structures are a series of Christian Republics that assumed a foundation in the common view of God's overriding provision for and endorsement of the state. We have evolved (devolved) into a series of secular states ruled over by a largely unelectable bureaucratic elite bent on scrubbing the past to control the present and thus forge the future. Conflict is a predictable result.
  • american slogans disproven again
    Obviously in cases like these the shibboleth "diversity is our strength" is disproven with stark clarity. Diversity of religious belief clearly leads to a lot of strife and upset that places with religious homogeneaity do not experience. And other odd results like where our government's feigned religious neutrality becomes itself the tool of suppressing certain sects. Sects which are usually always one iteration of serious Christians or another.

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    1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

    2. This guy sounds like the classic molester/manipulator.

    3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

    4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

    5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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