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Judge blocks ‘contraception mandate’ for Catholic diocese plaintiffs

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A federal judge in Fort Wayne has blocked enforcement of the “contraception mandate” for numerous health care providers in a lawsuit brought by the Roman Catholic Diocese of Fort Wayne-South Bend. The ruling could impact more than 10,000 people eligible for benefits through a number of diocese-related organizations.

District Court Judge Jon DeGuilio of the Northern District of Indiana granted a temporary injunction blocking the mandate contained in the Patient Protection and Affordable Care Act. The litigation is Diocese of Fort Wayne-South Bend Inc., et al. v. Kathleen Sebelius, et al., 1:12-CV-159.

The diocese and its affiliated plaintiffs – Catholic Charities; Saint Anne Home & Retirement Community; Franciscan Alliance, Inc.; Specialized Physicians of Illinois, LLC; University of Saint Francis; and Our Sunday Visitor, Inc. – claim the mandate violates their religious liberties under the Religious Freedom Restoration Act.

The order notes Franciscan employs about 8,700 benefits-eligible workers; the diocese employs about 1,000 who participate in a health plan; Specialty Physicians, Saint Francis and Our Sunday Visitor each have more than 300 benefits-eligible employees; Saint Anne Home has 220 insurance-eligible workers; and Catholic Charities has a few dozen.

In granting the injunction, DeGuilio ruled, “plaintiffs have shown that their RFRA claim stands a reasonable likelihood of success on the merits, that irreparable harm will result without adequate remedy absent an injunction, and that the balance of harms favors protecting the religious-liberty rights of the plaintiffs.”

The ruling Friday came just days after another judge in the Northern District rejected a suit refiled by the University of Notre Dame that sought to block third-party providers who would provide contraception coverage under the Affordable Care Act.

The mandate has divided federal circuit courts and currently is before the Supreme Court of the United States.

DeGuilio’s order noted the injunction was granted ahead of motions to dismiss and summary judgment motions “in an effort to prevent the possibility of any unjust enforcement of the contraception mandate against plaintiffs come the first of the year.”

The ruling states, “there are certainly other ways to promote public health and gender equality less burdensome on religious liberty, and the government has not carried its burden of demonstrating that it cannot achieve its policy goals in ways less damaging to religious-exercise rights.”

Employees might not share the diocese’s views on contraception and abortion, the ruling notes. “(T)he plaintiffs’ employees and the public are best served if the plaintiffs can continue to provide needed (and expected) religiously based community services, and the needed (and expected) insurance coverage to its employees, without the threat of substantial fines and the risk of layoffs for noncompliance with the contraception mandate and its accommodation,” DeGuilio wrote.

 

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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