WASHINGTON, D.C. – According to the government’s own statistics, one in three Americans do not have health insurance plans covered by the HHS mandate. HHS has exempted plans for big corporations like Exxon and Pepsi Bottling, huge cities like New York City and the world’s largest employer — the U.S. military — are exempted.

This information and more is detailed in a new website for Little Sisters of the Poor, which has trended on Facebook and become a valuable resource about the case since its launch two weeks ago. The Little Sisters of the Poor, a group of Catholic nuns who care for the elderly poor, have asked the Supreme Court  to protect them from the government mandate forcing them to provide drugs and devices — such as ella and the week after pill — against their Catholic faith.

In a nation of 320 million people, the best the government can claim is that “well over 100 million employees and dependents” are covered by the mandate. Why did they come up short by hundreds of millions of people?  Because the government’s own statistics show that one in three Americans are exempted from the mandate.

In its arguments to the Supreme Court, the government admits that women who are not covered by the mandate can still access contraception through other means, such as on a family member’s plan or through the government’s own insurance exchanges. But it then bizarrely argues that exempting the Little Sisters and letting the nuns’ employees get contraceptives the same way would pose a serious threat to the government’s goal of providing universal free access to contraception and early-term pharmaceutical abortion, thus harming the “harmonious functioning of a society like ours.”  The Little Sisters of the Poor have simply asked to be exempt too, and have suggested the government could better meet its goals if it provided services through the healthcare exchanges for everyone instead of trying to force religious plans to offer these services that violate their beliefs.

It’s the perfect solution. Using the healthcare exchanges, which the government has hailed as an “easy and fast” healthcare option for millions of Americans, would protect both the Little Sisters of the Poor’s religious freedom and the government’s goal to provide free access to these services to women who want them.

The Little Sisters of the Poor have  received widespread support in their case, including from a diverse coalition of religious leaders representing Jewish, Muslim, Hindu, Native American, Catholic, Protestant, and other faiths as well as over 200 Democratic and Republican Members of Congress. More than 40 friend-of-the-court briefs were filed at the U.S. Supreme Court on behalf of the  Little Sisters (view full list). The Little Sisters’ case, along with several other religious ministries, will be heard March 23.

For more information or to arrange an interview with an attorney contact Melinda Skea, director of communications at 202-349-7224 or media@becketlaw.org.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions  and has a 100% win-rate before the United States Supreme Court. For over 20 years, it has successfully defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians  (read more here).

WASHINGTON, D.C. – Moments ago the Supreme Court announced it will hear  oral arguments for the Little Sisters of the Poor in the consolidated cases of Zubik v. Burwell  on March 23rd. The High Court, will decide whether the Little Sisters of the Poor, an order of Catholic nuns who have dedicated their lives to caring for the elderly poor, and other faith-based ministries can be forced to change their healthcare plans to offer drugs that violate their religious beliefs when those same drugs could be made available through healthcare exchanges.

After promising that the Little Sisters’ religious beliefs would be protected, the government created a new regulation requiring the Little Sisters change their healthcare plan to offer drugs that violate Catholic teaching.  One third of U.S. workers are employed by secular companies (e.g., Exxon and Visa) that the government has exempted from having to provide these same drugs in their plans because those employers did not try to update their health plans under ACA and are “grandfathered.”

The Little Sisters of the Poor are represented by Becket. The case will be argued by leading Supreme Court advocate Paul Clement.

What:

Oral Arguments for the Little Sisters of the Poor in Zubik v. Burwell

Who:

Paul Clement, Bancroft PLLC
Senior Counsel Mark Rienzi, Becket
Noel J. Francisco, Jones Day

When:

March 23, 2016

Where:

U.S. Supreme Court, 1 First St NE, Washington, DC 20543

For more information or to arrange an interview with a Becket attorney, contact Melinda Skea at media@becketlaw.org  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. 

WASHINGTON, D.C. — A diverse coalition of religious leaders representing Jewish, Muslim, Hindu, Native American, Catholic, Protestant, and other faiths will be joined by over 200 Democratic and Republican Members of Congress in filing friend-of-the-court briefs at the United States Supreme Court today on behalf of the Little Sisters of the Poor (view full list).  The briefs are being filed in Zubik v. Burwell, in which the High Court will decide whether the Little Sisters of the Poor and other ministries can be forced to change their healthcare plans to offer drugs that violate their religious beliefs when those same drugs could be made available through the healthcare exchanges.

“It’s easy to support religious freedom for the majority,” said  Dr. Ossama Bahloul, Imam of The Islamic Center of Murfreesboro.  “But the test of America’s commitment to religious diversity and freedom comes when we show we’ll defend minorities and those with whom we do not fully agree.”

“We have great admiration for the Little Sisters who are standing up not just for themselves and the elderly poor they serve but for the rights of all people of faith, including Jews,” said Rabbi Mitchell Rocklin. “Their courage is an example to all of us.” Rabbi Rocklin is a member of the Executive Committee of the Rabbinical Council of America.

“We stand with the Little Sisters because America’s proudest moments have come when the many have joined to defend the rights of the few, and we know too well the real cost when our government ignores its promises and puts expediency above principle,” said  Pastor Robert Soto of the Lipan Apache Tribe in Texas.

“We are overjoyed and deeply grateful for the diverse outpouring of support we have received from such a variety of people and groups,” said Sister Loraine Marie Maguire, Mother Provincial for the Little Sisters of the Poor. “We have been serving the elderly poor for over 175 years and are simply asking the government to allow us to continue our life’s work without being forced to choose between our faith and millions in government fines.”

For more information or to arrange an interview, please contact Melinda Skea at  media@becketlaw.org  or 202-349-7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. 

WASHINGTON, D.C. – Today, November 6, 2015 at 2:30 p.m. EST, Mark Rienzi, senior attorney at Becket and lead attorney for the Little Sisters of the Poor, will be hosting a press conference call to discuss the implications of the U.S. Supreme Court’s decision to review the case of Little Sisters of the Poor v. Burwell. Reporters can dial in to join the discussion.

What: Press conference call to discuss the
U.S. Supreme Court review of Little Sisters of the Poor v. Burwell

Who:
Host: Mark Rienzi, senior counsel for Becket
Moderator: Melinda Skea, director of communications at Becket

When:
November 6, 2015 at 3:00 p.m. EST

How to Join:
Dial Number: 857-216-5472
PIN: 54523
Email questions to: media@becketlaw.org

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at mskea@becketlaw.org or 202.349.7224. Interviews can be arranged in English, Chinese, French, German, Portuguese, Russian and Spanish.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

WASHINGTON, D.C. – Earlier today, Becket filed a brief to the U.S. Supreme Court, urging it to take up the case of the Little Sisters of the Poor. The brief was filed in response to the Government’s argument, which expressly asked the Court not to choose Little Sisters, an international order of Catholic nuns that provides food, shelter, and healthcare for the elderly poor.

The reply brief stated, “After impermissibly trying to pick and choose which religious groups to exempt from the contraceptive mandate, HHS should not now be allowed to pick and choose its opponent or which questions it must confront in defending its actions.”

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

WASHINGTON, D.C. – Last night Pope Francis made an unscheduled visit with the Little Sisters of the Poor.

The visit, according to Father Federico Lombardi, a papal spokesman, was a “sign of support for them” in their legal fight.

“The Holy Father spoke to each of us individually, from the youngest postulant to our centenarian, and then he spoke to all of us about the importance of our ministry to the elderly,” said Sister Constance Veit, Communications Director of the Little Sisters of the Poor. “We were deeply moved by his encouraging words.”

WASHINGTON, D.C. – Today a federal court ruled that the government cannot impose massive IRS fines on religious ministries for following their faith. The ruling, which disagrees with those of other federal courts, drastically increases the likelihood of a Supreme Court review of the HHS Mandate. The Supreme Court will soon decide whether to take up cases involving the Little Sisters of the Poor, Houston Baptist and Texas Baptist Universities, and other religious ministries. Today’s pair of court opinions protects Dordt College, CNS Ministries, and others from having to comply with the HHS mandate.

“Fifteen federal judges now agree that the government has no right to dictate or second guess a person’s sincere religious beliefs,” said Lori Windham, Senior Counsel of Becket. “The government keeps telling the Supreme Court ‘Move along, nothing important here’ in hopes that the Court will ignore this crucial issue. But with today’s decisions, the Court will have great reason to decide this issue in the next term.”

The Eighth Circuit Court of Appeal’s opinion stated, “When the government imposes a direct monetary penalty to coerce conduct that violates religious belief, ‘[t]here has never been a question that the government ‘imposes a substantial burden on the exercise of religion.’”

Further, although the government argued that the ministries were being paranoid and that it was simply asking them for signatures on a piece of meaningless paper, the court both refused to second guess the ministries’ beliefs and saw through the government’s argument: “We need look no further than the government’s own litigation behavior to gauge the importance of [the government’s forms] in the regulatory scheme.” If it was just a meaningless form, “there would be no need to insist on [the ministries’] compliance with” the government’s demands.

“The government has many ways to achieve its goals without trampling over religious freedom,” said Senior Counsel Lori Windham. “Today’s decision correctly protects the rights of religious ministries serving the most vulnerable in our society.”

Last week five judges criticized the 10th Circuit Court of Appeals ruling against the Little Sisters of the Poor, predicting the “gravely wrong” decision “will not long survive.” Currently seven petitions involving non-profit ministries now await review by the Supreme Court, including the Little Sisters of the Poor (see video).

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Houston Baptist University, along with many other religious ministries. Seven other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – The following can be attributed to Lori Windham, Senior Counsel for Becket:

“Under pressure from hundreds of lawsuits, the government continues to retreat.  After three losses in the Supreme Court and dozens of losses in courts below, the government continues to confuse the issues. The government issued over 70 pages of regulations, when all it needed to do was read the First Amendment.  We’ll be reviewing this latest attempt with each of our clients.”

Here are the 5 Things You Need to Know:1. This is the 8th retreat the administration has made from their original stance that only “house[s] of worship” receive religious liberty protection.

• See chart of dates, times, and summary of each retreat here.
• Or, in BuzzFeed fashion, it’s like groundhog day, over and over and over again

2. There are a lot of lawsuits against the administration:

• 102 cases filed including:
  • 28 Religious Universities (More Protestant than Catholic colleges, FYI)
  • 40 Religious Charities
  • 3 Bible Publishers

3. The administration has lost 90% of their cases on this issue – including a decision and two orders from the Supreme Court in Hobby Lobby, Little Sisters, and Wheaton.

4. The religious charities in these cases serve tens of thousands of people, helping the poor and healing the sick. The Little Sisters of the Poor alone serve more than ten thousand people.

5. This is the first time the administration has acknowledged that families do not lose their religious freedom when they open a family business.  None of the previous seven revisions reached family-owned businesses.

Issued earlier today, the following statement can be attributed to Lori Windham, Senior Counsel for Becket:

This is latest step in the administration’s long retreat on the HHS Mandate. It is the eighth time in three years the government has retreated from its original, hard-line stance that only “houses of worship” that hire and serve fellow believers deserve religious freedom.

We look forward to reviewing the new rule and its implications for the 102 cases, including religious charities like Little Sisters of the Poor (see video), Mother Angelica’s Eternal Word Television Network (see video), and religious colleges like Colorado Christian University.  Ninety percent of religious ministries challenging the mandate have received relief from the courts, and we are hopeful the administration’s new rule will reflect the robust protections that have always been given to religious individuals in this country.

Religious ministries in these cases serve tens of thousands of Americans, helping the poor and homeless and healing the sick. The Little Sisters of the Poor alone serve more than ten thousand of the elderly poor. These charities want to continue following their faith. They want to focus on ministry—such as sharing their faith and serving the poor—without worrying about the threat of massive IRS penalties.

Becket has led the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries. Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include two major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”For more information, or to arrange an interview with one of the attorneys, please contact  Melinda Skea, media@becketlaw.org, 202.349.7224.

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WASHINGTON, D.C. – Today 16 states, along with several religious groups, are filing friend-of-the-court briefs at the Supreme Court supporting Houston Baptist University (HBU), East Texas Baptist University (ETBU), and Westminster Theological Seminary in their HHS mandate challenge. Last month, the three religious groups appealed to the Supreme Court for relief from the government, which is forcing them to comply with the healthcare mandate in violation of their faith or pay millions in IRS fines.

“This strong show of support for HBU and ETBU demonstrates just how important it is that the Supreme Court address the impact of the HHS mandate, particularly on religious groups,” said Diana Verm, Legal Counsel at Becket. “It is especially significant that 16 state governments are supporting HBU and ETBU at the Supreme Court.”

In addition to the 16-state amicus brief, briefs are being filed by, among others, the Ethics and Religious Liberty Commission of the Southern Baptist Convention, the International Mission Board of the Southern Baptist Convention, the Christian and Missionary Alliance Foundation, the Alliance Community for Retirement Living, Simpson University, Crown College, and the 181-member Council of Christian Colleges and Universities. Today’s strong support is an indication that the Court is likely to decide in the upcoming term whether religious ministries, like religious for-profits, will receive protection from the Mandate.

In December 2013 a Houston federal court ruled in favor of the schools, yet in June 2015 the Fifth Circuit Court of Appeals denied relief to HBU, ETBU, and Westminster. Westminster is separately represented by Ken Wynne of Wynne & Wynne LLP in Houston. Last month, Becket and former Solicitor General and leading Supreme Court advocate Paul Clement filed the cert petition on behalf of the three religious groups.

“The Supreme Court has already granted interim relief from the HHS Mandate to religious groups five times,” said Verm. “The government has exempted thousands of businesses from the HHS Mandate, so why is it needlessly forcing religious institutions, nuns and homeless shelters to carry out its goals? Isn’t that what its own exchanges are meant to do?”

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries. Five other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7226.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

WASHINGTON, D.C. – Today, for the second time in two years, the Little Sisters of the Poor must ask the Supreme Court to protect them from the government. The order of Catholic nuns and other non-profits have been forced to ask the Court for relief due to the government’s refusal to exempt them from a regulation that makes them choose between their faith—which prohibits them from providing contraceptives—and continuing to pursue their religious mission of serving the elderly poor (see video).

“The government has lost every single time they have made these arguments before the Supreme Court—including last year’s landmark Hobby Lobby case. One would think they would get the message and stop pressuring the Sisters,” said Mark Rienzi, Senior Counsel at Becket. “The government is willing to exempt big companies like Exxon, Chevron, and Pepsi Bottling, but it won’t leave the Little Sisters alone.”

Becket and leading Supreme Court advocate Paul Clement—the same legal team that won Hobby Lobby—filed the petition on behalf of the Little Sisters as well as the Christian Brothers Employee Benefit Trust, Christian Brothers Services, Reaching Souls International, Truett-McConnell College, and GuideStone Financial Resources of the Southern Baptist Convention. They are seeking relief from a 100-page decision by the Tenth Circuit that disagrees with the ministries’ understanding of moral theology. Today’s petition is the fifth the Court has received and makes it likely the Court will decide in the upcoming term whether religious ministries, like religious for-profits, will receive protection from the Mandate.

“The Sisters consider it immoral to help the government distribute these drugs. But instead of simply exempting them, the government insists that it can take over their ministry’s employee healthcare to distribute these drugs to their employees, while dismissing the Sisters’ moral objections as irrelevant,” said Rienzi. “In America, judges and government bureaucrats have no authority to tell the Little Sisters what is moral or immoral. And the government can distribute its drugs without nuns—it has its own healthcare exchanges that can provide whatever it wants.”

“As Little Sisters of the Poor we dedicate our lives to serving the neediest in society, with love and dignity. We perform this loving ministry because of our faith and simply cannot choose between our care for the elderly poor and our faith, and we shouldn’t have to,” said Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor. “We hope the Supreme Court will hear our case and ensure that people from diverse faiths can freely follow God’s calling in their lives.”

Reaching Souls International is an evangelical Christian ministry dedicated to preaching the gospel and caring for orphans in Africa, Cuba and India. Truett-McConnell College is a Baptist college that trains students to share their faith worldwide. Christian Brothers Services, Christian Brothers Employee Benefit Trust, and GuideStone Financial Resources are the ministries that provide healthcare coverage for the Little Sisters, Reaching Souls, and Truett-McConnell. All of the ministries are also represented by Locke Lord LLP, the 2014 recipient of Becket’s legal service award. Kevin Walsh, a law professor at the University of Richmond Law School, also represents the Little Sisters of the Poor.

The Court is likely to consider all of the petitions in late September or early October. If the petition is granted, the case would be argued and decided before the end of the Court’s term in June 2016.

For more information or to arrange an interview with a Becket  attorney, please contact Melinda Skea at  media@becketlaw.org  or 202.349.7226.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.

Washington, D.C. – Moments ago, the Tenth Circuit Court of Appeals ruled that Reaching Souls International must comply with the government’s HHS mandate, which forces religious ministries to violate their faith or pay massive IRS penalties.

The following statement can be attributed to Mark Rienzi, Senior Counsel at Becket and lead attorney for Reaching Souls International:

We’re disappointed with today’s decision, which leaves in place the federal government’s aggressive, discriminatory, and unnecessary attack on the core religious beliefs of private religious ministries.  The government does not need to take over a church benefits plan to provide abortion-inducing drugs–the most powerful government in the world can obviously distribute drugs without hijacking religious institutions and their health plans.

Today the Tenth Circuit ruled that government can force Reaching Souls to choose to either violate their faith or pay massive IRS penalties. The court held that participating in the government’s contraception delivery scheme is “as easy as obtaining a parade permit, filing a simple tax for, or registering to vote” and that although Reaching Souls sincerely believes that participating in the scheme “make[s] them complicit in the overall delivery scheme,” the court “ultimately rejects the merits of this claim” because the court believes the scheme “relieves [Reaching Souls] from complicity.” 

Reaching Souls and their attorneys are closely reviewing the court’s decision and will decide soon whether they must seek relief from the Supreme Court.

Reaching Souls has rescued hundreds of orphans in Africa by placing them into loving homes. Founded by a Southern Baptist pastor and evangelist in 1986, Reaching Souls’ mission is “to reach Souls for Christ” by training, equipping, and supporting African, Cuban, and Indian pastors and evangelists as they preach the Gospel to their neighbors and countrymen. Through their dedicated preaching, pastors and evangelists trained and supported by Reaching Souls have reached out to over 20 million people in Africa, Cuba, and India.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224. 

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Moments ago, in a departure from the U.S. Supreme Court’s protection of the Little Sisters of the Poor last year, the U.S. Court of Appeals for the Tenth Circuit ruled that the Little Sisters must comply with the government’s HHS mandate. This mandate forces religious ministries to violate their faith or pay massive IRS penalties (see video).

The following statement can be attributed to  Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor:

As Little Sisters of the Poor, we simply cannot choose between our care for the elderly poor and our faith. And we should not have to make that choice, because it violates our nation’s commitment to ensuring that people from diverse faiths can freely follow God’s calling in their lives. For over 175 years, we have served the neediest in society with love and dignity. All we ask is to be able to continue our religious vocation free from government intrusion.

The following statement can be attributed to Mark Rienzi, Senior Counsel of Becket and lead attorney for the Little Sisters of the Poor:

We’re disappointed with today’s decision. After losing repeatedly at the Supreme Court, the government continues its unrelenting pursuit of the Little Sisters of the Poor. It is a national embarrassment that the world’s most powerful government insists that, instead of providing contraceptives through its own existing exchanges and programs, it must crush the Little Sisters’ faith and force them to participate. Untold millions of people have managed to get contraceptives without involving nuns, and there is no reason the government cannot run its programs without hijacking the Little Sisters and their health plan.

The Tenth Circuit heard oral argument in this case December of last year, when for the first time since the case began, Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor, delivered a public statement on the case (see statement here). 

Today the Tenth Circuit ruled that government can force the Little Sisters to either violate their faith or pay massive IRS penalties. The court held that participating in the government’s contraception delivery scheme is “as easy as obtaining a parade permit, filing a simple tax for, or registering to vote” and that although the Sisters sincerely believe that participating in the scheme “make[s] them complicit in the overall delivery scheme,” the court “ultimately rejects the merits of this claim,” because the court believes the scheme “relieves [the Little Sisters] from complicity.”

The Little Sisters and their attorneys are closely reviewing the court’s decision and will decide soon whether they must seek relief from the Supreme Court.

“We will keep on fighting for the Little Sisters, even if that means having to go all the way to the Supreme Court,” said Daniel Blomberg, Counsel at Becket.

The Court’s order similarly harms Christian Brothers Services and Christian Brothers Employee Benefit Trust, the Catholic ministries through which the Little Sisters obtain their health coverage.

All three ministries are also represented by Locke Lord LLP, the 2014 recipient of Becket’s legal service award. Kevin Walsh, a law professor at the University of Richmond Law School, also represents the Little Sisters of the Poor.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224. 

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The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Today the Department of Health and Human Services announced that—despite losing repeatedly at the U.S. Supreme Court—it would continue trying to force religious nonprofits like the Little Sisters of the Poor to help distribute contraceptives, including the “week-after pill.”

Today’s announcement comes after multiple losses in contraceptive mandate cases at the Supreme Court, including last year’s Hobby Lobby decision and Court decisions regarding the Little Sisters of the Poor and Wheaton College. In fact, just last week the Supreme Court ordered the government not to enforce this rule against Catholic organizations from Pennsylvania, marking the government’s sixth loss in a row at the Supreme Court regarding the mandate. There are now four petitions before the Supreme Court asking the Court to finally resolve the issue by June 2016.

“The government keeps digging the hole deeper,” said Adèle Auxier Keim, Legal Counsel at Becket. “Just last week the Supreme Court ordered HHS not to enforce the exact rules they finalized today. But the government still won’t give up on its quest to force nuns and other religious employers to distribute contraceptives. Especially after the Supreme Court’s recent King v. Burwell decision allowed the government to expand its healthcare exchanges, there is no reason at all the government needs religious employers to help it distribute these products.”

The government proposed similar rules in August 2014, but many observers believed it might change position after repeated losses on the mandate issue at the Supreme Court. However, the government forged ahead and finalized rules requiring non-profit employers to help it distribute contraceptive drugs and devices.

“The government has already told thousands of businesses that they don’t need to comply with the HHS Mandate at all,” said Keim. “So why is it continuing to go out of its way to force religious objectors, from nuns to business owners, to do something it is more than capable of doing itself?

Becket continues to lead the charge against the unconstitutional HHS mandate,  winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby.  It  currently represents  the  Little Sisters of the Poor, Mother Angelica’s  Eternal Word Television Network,  and  Colorado Christian University,  along with  many other  religious ministries. On Wednesday Becket filed a cert petition at the Supreme Court in the Houston Baptist University case.

For more information or to arrange an interview with a Becket  attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including 
Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Today two private universities and a seminary are asking the Supreme Court to protect them from millions of dollars in IRS fines that will be triggered if they refuse to comply with the infamous HHS mandate. Filing the petition today are the same two firms that won the Hobby Lobby case against the government’s HHS mandate one year ago.

Becket and former Solicitor General and leading Supreme Court advocate Paul Clement are filing the petition on behalf of Houston Baptist University, East Texas Baptist University and Pennsylvania-based Westminster Theological Seminary. The Supreme Court has already granted interim relief from the HHS Mandate to religious groups five times. The schools’ appeal makes it highly likely that the Court will decide whether religious universities will be required to provide contraceptive coverage in violation of their faith in the upcoming term.

“The government has already told thousands of businesses they don’t need to comply with the HHS Mandate,” said Diana Verm, Legal Counsel at Becket. “So why is it bullying nuns, religious schools, soup kitchens, and homeless shelters unless they comply? It makes no sense.”

In December 2013 a Houston federal court ruled in favor of the schools, yet last month the Fifth Circuit Court of Appeals denied relief to Houston Baptist and East Texas Baptist Universities, and Westminster. Westminster is separately represented by Ken Wynne of Wynne & Wynne LLP in Houston.

“We didn’t go looking for this fight,” said Dr. Robert Sloan, President of Houston Baptist University. “But here we stand and can do no other. We cannot help the government or anyone else provide potentially life-threatening drugs and devices. The government has many other ways to achieve its goals without involving us. It ought to pick one of those and let us go back to educating our students.”

Becket continues to lead the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries. Three other petitions challenging the HHS mandate have already been filed at the Supreme Court and more are expected.

“The Supreme Court should step in and tell the federal government that separation of church and state is a two-way street,” said Verm. “The state should not be able to take over parts of the church—including these religious ministries—just so it has an easier way of distributing life terminating drugs.”

The Court is likely to consider all of the petitions in late September or early October. If the petition is granted, the case would be argued and decided before the end of the Court’s term in June 2016.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Moments ago, after previously blocking the federal government’s HHS mandate for the sixth time in a row, the Supreme Court granted relief in the Zubik v. Burwell case to a group of Pennsylvania-based religious organizations, including Catholic Charities and other social service organizations.

“This is the sixth time the HHS mandate has been before the Supreme Court, and the sixth time it has lost,” said Eric Rassbach, Deputy General Counsel of Becket. “Doesn’t our government have something better to do than fight charities serving the poor?”

Last month Justice Alito issued an interim order, protecting the charities and churches from complying with the HHS Mandate while their case continued. This was similar to the preliminary order Justice Sotomayor provided to the Little Sisters of the Poor on New Year’s Eve in 2013. The Pennsylvania-based religious organizations join over 750 plaintiffs in other nonprofit cases that have been granted protection from the unconstitutional HHS mandate, which forces religious ministries to either violate their faith or pay massive IRS penalties. In the order, handed down today, “[T]he respondents are enjoined from enforcing against the applicants the challenged provisions of the Patient Protection and Affordable Care Act and related regulations pending final disposition of their petition for certiorari.”

“The government has lots of ways to achieve its goals without penalizing religious groups who serve those in need,” said Deputy General Counsel Eric Rassbach. “Every time a religious ministry has taken this issue to the Supreme Court, the government has lost and the religious plaintiffs have been granted relief.”

The Supreme Court has previously granted relief to the following religious objectors to the mandate: Little Sisters of the Poor (December 2013 and January 2014); Hobby Lobby (June 2014); Wheaton College (July 2014); University of Notre Dame (March 2015); Michigan Catholic Conference (April 2015), and one previous order in this case (April 2015).

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Moments ago, for the sixth time in a row, the Supreme Court took steps to protect another religious objector from the contraceptive mandate. It ordered a lower court to reconsider its ruling that denied a group of Catholic ministries in Michigan the freedom to follow their faith.  

“The government keeps making the same bad arguments and the Supreme Court keeps rejecting them — every single time. This is because the government can obviously come up with ways to distribute contraceptives without the forced involvement of Catholic ministries,” said Mark Rienzi, Senior Counsel of Becket, which filed an amicus brief in the case. “As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. And it makes it less likely that lower courts will accept arguments the Supreme Court has rejected over and over and over again.” 

The Michigan Catholic Conference and other Catholic ministries brought their request to the Supreme Court after a surprising lower court decision that would have allowed large IRS fines against the ministries because they, based on their religious beliefs, cannot provide contraceptives and abortion-inducing drugs in their employee health plans. The federal government has relied heavily on that decision in courts around the country, arguing that it should be able to impose similar burdens on religious ministries like the Little Sisters of the Poor. 

Over 750 plaintiffs in the other nonprofit cases have been granted protection from the unconstitutional mandate, which forces religious ministries to either violate their faith or pay massive IRS penalties.   

The Supreme Court has previously granted relief to the following religious objectors to the mandate: Little Sisters of the Poor (December 2013 and January 2014); Hobby Lobby (June 2014); Wheaton College (July 2014); University of Notre Dame (March 2015); Archbishop Zubik and the Diocese of Pittsburgh (April 2015).  

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224.  

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 rulings in  Holt v. Hobbs  and  Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”  

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224. 

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The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – For the fifth time in a row, the Supreme Court has stopped the federal government’s contraceptive mandate. In an order issued last night, Supreme Court Justice Samuel Alito prevented the federal government from enforcing its contraceptive mandate against a range of Pennsylvania-based religious organizations including Catholic Charities and other Catholic schools and social service organizations connected with the Diocese of Erie and the Diocese of Pittsburgh. The Supreme Court has previously protected the Little Sisters of the Poor, Hobby Lobby, Wheaton College, and the University of Notre Dame. Justice Alito’s order is similar to the preliminary order Justice Sotomayor provided to the Little Sisters of the Poor on New Year’s Eve in 2013.

The order requires the government to brief the Supreme Court next week on why it should be allowed to fine these organizations for refusing to distribute abortion-inducing drugs and devices and other contraceptives. Lori Windham, Senior Counsel for Becket (which represents the Little Sisters of the Poor and several other clients challenging the mandate) issued the following statement:

How many times must the government lose in court before it gets the message? For years now the government has been claiming that places like Catholic Charities and the Little Sisters of the Poor are not “religious employers” worthy of an exemption. That argument has always been absurd. Every time a religious plaintiff has gone to the Supreme Court for protection from the government’s discriminatory mandate the Court has protected them. That’s what happened to the Little Sisters of the Poor, Wheaton College, Notre Dame, and Hobby Lobby. The government really needs to give up on its illegal and unnecessary mandate. The federal bureaucracy has lots of options for distributing contraceptives–they don’t need to coerce nuns and priests to do it for them.

The Supreme Court will be considering a similar case involving an order of Nashville Dominican nuns and several Tennessee — and Michigan –based Catholic charities at a conference of the Justices on April 24.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Moments ago, two Texas Baptist universities were heard in court over their religious objection to the HHS Mandate. The universities won a victory at the district court in December 2013 from which the government now appeals.

East Texas Baptist University and Houston Baptist University hold their faith as central to their educational missions and so are challenging the government’s HHS Mandate, which forces them to violate their deeply held religious beliefs or pay outlandish IRS fines. Today their hearing took place at the United States Court of Appeals for the Fifth Circuit in Houston.

“The government has completely exempted most employers from the Mandate for economic or political reasons,” said Diana Verm, Legal Counsel for Becket. “But it refuses to exempt religious ministries like East Texas Baptist and Houston Baptist. The government is using East Texas Baptist and Houston Baptist’s health plans to deliver drugs and devices they object to. That’s a violation of their religious liberty and the law.”

East Texas Baptist and Houston Baptist are committed to Christian principles, including respect for the sanctity of human life. That is why in 2012, the two Baptist colleges first joined Becket in challenging the HHS Mandate, which is forcing them to violate the very teachings that guide their ministries.

“Baptists were some of the first religious believers to make use of religious liberty laws in this nation. The government still hasn’t learned that it can’t coerce groups like East Texas Baptist and Houston Baptist to violate their faith.” said Verm.

Becket has led the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7226.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Becket will represent East Texas Baptist University and Houston Baptist University in oral argument at the United States Court of Appeals for the Fifth Circuit in Houston on April 7th. Both liberal arts colleges hold their faith as central to their educational missions and so are challenging the government’s HHS Mandate, which forces them to violate their deeply held religious beliefs or pay outlandish IRS fines. The universities already won a victory at the district court in December 2013, and tomorrow, the Fifth Circuit will hear the government’s appeal of that decision.

Who:
Eric Rassbach, Deputy General Counsel for Becket

What:
East Texas Baptist University and Houston Baptist University oral argument before the United States Court of Appeals for the Fifth Circuit

When:
April 7, 2015 at 9:00 a.m.

Where:
United States Court of Appeals for the Fifth Circuit
515 Rusk Street
Houston, TX 77002

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at  media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Moments ago, the Supreme Court ordered a lower court to reconsider its ruling that denied a Catholic university the freedom to follow its faith.    

The University of Notre Dame brought its request to the Supreme Court after a surprising lower court decision that made it the only nonprofit religious ministry in the nation without protection from the HHS mandate. The federal government has relied heavily on that decision in courts around the country, arguing that it should be able to impose similar burdens on religious ministries like the Little Sisters of the Poor.

Today, the Supreme Court vacated the Notre Dame decision entirely, and sent the case back to the Seventh Circuit Court of Appeals to reconsider its aberrant ruling in light of the recent ruling in Hobby Lobby protecting religious freedom.

“This is a major blow to the federal government’s contraception mandate. For the past year, the Notre Dame decision has been the centerpiece of the government’s effort to force religious ministries to violate their beliefs or pay fines to the IRS.” said Mark Rienzi, Senior Counsel of Becket, which filed an amicus brief in the case. “As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. The government fought hard to prevent this GVR, but the Supreme Court rejected their arguments.”

Over 750 plaintiffs in the other nonprofit cases have been granted protection from the unconstitutional mandate, which forces religious ministries to either violate their faith or pay massive IRS penalties.

The University’s pursuit of higher education is defined by its religious convictions. Its mission statement reads: “A Catholic university draws its basic inspiration from Jesus Christ as the source of wisdom and from the conviction that in him all things can be brought to their completion.” Its fight to stay true to its beliefs has brought it all the way to the Supreme Court – and back to the Seventh Circuit Court of Appeals.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including  Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Minutes ago, Eternal Word Television Network (EWTN), the global Catholic television network founded by a cloistered nun, had its religious freedom case heard in court. (see video).

“The government is threatening a religious ministry with millions of dollars in fines for following its faith,” said Lori Windham, Senior Counsel of Becket and lead attorney for EWTN. “Eternal Word Television Network spends all day every day expressing its Catholic beliefs worldwide in TV, radio, and print; it hosts daily masses at a shrine on its grounds, which are held by monks that live there. Yet the government says EWTN is not religious enough to have the freedom to practice what it preaches. That’s wrong.”

EWTN, the world’s largest religious media network, is challenging the government’s HHS mandate, which is forcing the Catholic network to violate its deeply held religious convictions or pay crippling IRS fines. Last July, the Eleventh Circuit Court of Appeals granted emergency protection to EWTN. Today, the Court heard oral argument in this case because the government wants to remove that protection.

“From its beginning, EWTN has been dedicated to proclaiming and living out our Catholic faith,” said EWTN Chairman and CEO Michael P. Warsaw. “We are encouraged by today’s hearing and hopeful that the court will protect EWTN’s religious freedom and allow us to continue to practice what we broadcast to the world every day.”

Almost 34 years ago, Mother Angelica, a cloistered nun, founded a small television network in her monastery garage with a mission to spread the teachings of her Catholic faith. Today, EWTN has become the largest religious media network in the world, transmitting programming 24 hours a day to televisions in more than 238 million homes in more than 140 countries and territories. EWTN is also a religious shrine and pilgrimage site for millions of Catholics seeking daily Mass and worship. A Catholic network whose sole purpose is to spread the word of God, EWTN must fight for the right to remain faithful to the very Catholic message it advances.

“Religious ministries have been winning these challenges overwhelmingly. Most courts understand that the government can’t fine you for living your faith,” said Windham.

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 rulings in Holt v. Hobbs and Hosanna-Tabor v. EEOC, the latter of which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Founded by cloistered nuns, Eternal Word Television Network (EWTN)’s religious freedom case will be heard on February 4th (see video). Becket represents EWTN, which is being forced to either violate its faith or pay millions in IRS fines. On July 1, 2014, the 11th Circuit Court of Appeals took the rare step of granting emergency relief to EWTN. A Catholic network whose sole purpose is to spread the word of God, EWTN must fight for the right to remain faithful to the very religious message it advances.

Who:
Senior Counsel Lori Windham, Becket
Michael P. Warsaw, Chairman and CEO of Eternal Word Television Network

What:
Oral Argument in EWTN v. Burwell

When:
February 4, 2015 at 9:00 a.m.

Where:
11^th Circuit Court of Appeals
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

For more information or to arrange an interview with a Becket attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include three major Supreme Court victories: the 9-0 win in Holt v. Hobbs, protecting the rights of religious minorities, the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C. – Sr. Loraine Marie Maguire of the Little Sisters of the Poor, an order of nuns who vow to serve the elderly poor, made a statement today outside a courthouse in Denver just after a highly anticipated hearing in the case (see video).

The Tenth Circuit Court of Appeals heard oral argument for Little Sisters of the Poor v. Burwell, a closely watched case that has already been to the Supreme Court once. The case involves the government’s mandate forcing religious ministries to violate their faith or pay massive IRS penalties (see video).  For the first time since the case began, Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor, delivered a public statement on the case.

The following statement can be attributed to Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor:

As Little Sisters of the Poor, we offer the neediest elderly of every race and religion a home where they will be welcomed as Christ, cared for as family and accompanied with dignity until God calls them to Himself.  We have done this for over 175 years because of our faith in God and our vocation as Little Sisters of the Poor.

But now the government demands we choose between our care for the elderly poor and our faith.  We cannot do that and we should not have to.  It is a choice that violates our nation’s historic commitment to ensure that people from diverse faiths can freely follow God’s calling in their lives. But the government forces us to either violate our conscience or take millions of dollars that we raise by begging for the care of the elderly poor and instead pay fines to the IRS.

We are not seeking special privileges.  The government exempts huge corporations, small businesses, and other religious ministries from what they are imposing on us–we are simply asking to carry on our mission to serve the elderly poor as we have always done for 175 years.

We are thankful that the court has heard our case and for the work of Becket, and we prayerfully await the judges’ decision.

The following statement can be attributed to Mark Rienzi, Senior Counsel of Becket for Religious Liberty and lead attorney for the Little Sisters of the Poor:

A year after losing at the Supreme Court, the government’s aggressive pursuit of the Little Sisters of the Poor continues. Untold millions of people have managed to get contraceptives without the involvement of nuns.  The idea that the most powerful government in the world cannot come up with a way to distribute these products without forcing the Little Sisters to participate is ridiculous.

Becket has led the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including: Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include two major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7224.

Washington, D.C. – The Tenth Circuit Court of Appeals has scheduled oral argument for December 8^th in the highly anticipated case Little Sisters of the Poor v. Burwell, involving the government’s effort to force an order of Catholic nuns to violate their religious conscience or pay massive IRS penalties (see video). The Little Sisters of the Poor are joined by over 400 ministries in this class-action lawsuit against the HHS Mandate. For the first time since the case began, Mother Provincial Sr. Loraine Marie Maguire will give a statement immediately following the hearing.

Who:
Mark Rienzi, Senior Counsel of Becket and Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor

What:
Oral Argument in Little Sisters of the Poor v. Burwell

When: 
December 8, 2014 at 9:00 a.m.

Where: 
United States Court of Appeals for the Tenth Circuit Byron White United States Courthouse 1823 Stout Street, Denver, CO 80257

Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor, will give a statement immediately after the hearing, and Becket attorneys will be available for additional comment.

For more information or to arrange an interview with an attorney, please contact Melinda Skea at media@becketlaw.org or 202.349.7224.

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Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include two major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

Washington, D.C.  –  In yet another blow to the HHS Mandate, a federal court in Florida ruled that the government’s latest revisions to the Mandate don’t do enough to protect people of faith.

Facing millions of dollars of fines that would have taken effect this weekend, Ave Maria University stood up against the government and won an injunction this morning protecting its right to stay true to its beliefs. This is the first order enjoining the government’s latest attempt to coerce religious organizations via an “augmented rule” that it issued last August.

“After dozens of court rulings, the government still doesn’t seem to get that it can’t force faith institutions to violate their beliefs,” said Eric Baxter, Senior Counsel of Becket. “Fortunately, the courts continue to see through the government’s attempts to disguise the Mandate’s religious coercion. We congratulate Ave Maria for its courage, even under the threat of crippling fines.”

Ave Maria’s renewed lawsuit was filed last August in the U.S. District Court for the Middle District of Florida. To date, approximately 90% of the courts addressing the contraception mandate—including the Supreme Court in three separate lawsuits—have protected religious ministries.

Becket has led the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other  religious ministries.

“The government has been retreating since it first issued the Mandate three years ago. Now it’s time for the government to stop going after religious colleges and ministries and start respecting religious liberty,” said Baxter.

Becket  is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including: Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include two major Supreme Court victories: the landmark ruling in  Burwell v. Hobby Lobby, and the 9-0 ruling in  Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at  media@becketlaw.org  or call 202.349.7224.

Updated: September 9, 2014 – Link to Little Sister’s Brief

Washington, D.C. – The government announced yesterday it will continue its legal battle against the Little Sisters of the Poor (see video), a religious order of nuns dedicated to serving the neediest elderly in society. The government is still trying to force the nuns to either violate their deeply held religious convictions or pay crippling fines to the IRS.

“Religious ministries in these cases serve tens of thousands of Americans, helping the poor and homeless and healing the sick. The Little Sisters of the Poor alone serve more than ten thousand of the elderly poor. These charities want to continue following their faith. They want to focus on ministry—such as sharing their faith and serving the poor—without worrying about the threat of massive IRS penalties,” said Adele Keim, Counsel at Becket, which represents the Little Sisters. “The government has already exempted millions of Americans from this requirement for commercial or secular reasons, so it should certainly protect the Little Sisters for religious reasons.”

Yesterday’s developments at a federal appeals court in Denver are the latest stage in the government’s attempt to force the Little Sisters and other charities serving the needy to comply with the HHS Mandate. Although the Supreme Court previously required the Little Sisters to do nothing more than notify the government of their religious objection, the government issued new regulations last month in an attempt to circumvent the Supreme Court’s order. Yesterday’s action confirms that the government is continuing its fight to use the Little Sisters’ health plan–provided by Christian Brothers Services–to provide potentially life-terminating drugs and devices in violation of their religious beliefs. The new regulations provide that the nuns’ approval can be written on a different form, and be routed through the government to Christian Brothers and any other plan administrators.

“Merely offering the Little Sisters a different way to violate their religion does not ease their conscience,” said Keim. “Adding another layer of paperwork is a solution that only a bureaucrat could love. The federal government has many ways to deliver contraceptives. There’s no reason it should force nuns to do that for them; the First Amendment and Religious Freedom Restoration Act offers two very good reasons why it shouldn’t.”

The Little Sisters’ brief concerning the new rule will be filed later this evening. To date, approximately 90% of the courts addressing the contraception mandate—including the Supreme Court in three separate lawsuits—have protected religious ministries. Becket for Religious Liberty has led the charge against the unconstitutional HHS mandate, winning a landmark victory at the U.S. Supreme Court in  Burwell v. Hobby Lobby. It currently represents the Little Sisters of the Poor, Mother Angelica’s Eternal Word Television Network, and Colorado Christian University, along with many other religious ministries.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include two major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”For more information, or to arrange an interview with one of the attorneys handling this case, please contact  Melinda Skea,  media@becketlaw.org, 202.349.7224.

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Washington, D.C. – Today the states of Alabama, Georgia and Florida asked a federal appeals court to protect religious freedom for Eternal Word Television Network (EWTN). EWTN, founded by a cloistered nun and dedicated to spreading the teachings of the Catholic Church, is seeking protection from the HHS Mandate, which requires it either to violate its deeply held beliefs or to pay crippling fines to the IRS (see video).

The three states filed a friend-of-the-court brief, joining twenty other groups in calling on the federal courts to protect EWTN’s religious freedom.  On June 30, thanks to an emergency appeal from Becket, the Eleventh Circuit Court of Appeals granted EWTN last-minute relief, just hours before the world’s largest religious media network would be forced to violate its deeply help religious convictions or pay crippling fines to the IRS. Thanks to the Eleventh Circuit’s decision, EWTN can now freely practice what it preaches while it pursues its appeal. That appeal is expected to be heard by the Eleventh Circuit in the coming months.

“It sets a powerful example when three states stand up to support religious freedom for ministries like EWTN,” said Lori Windham, Senior Counsel at Becket. “These states recognize that they must protect religious freedom for their citizens. It’s time for the federal government to realize the same thing and stop fighting ministries like EWTN and the Little Sisters of the Poor.”

Thirty-three years ago, Mother Angelica, a cloistered nun, founded a small television network in her monastery garage with a mission to spread the teachings of her Catholic faith. Today, EWTN has become the largest religious media network in the world, transmitting programming 24 hours a day to televisions in more than 230 million homes in more than 140 countries and territories. EWTN is also a religious shrine and pilgrimage site for millions of Catholics seeking daily mass and worship. A Catholic network whose sole purpose is to spread the word of God, EWTN must fight for the right to remain faithful to the very Catholic message it advances (see video).

“We are grateful for all the support that we have received in our fight for religious freedom,” said EWTN Chairman and CEO Michael P. Warsaw. “We are hopeful that the federal courts will once again protect EWTN’s freedom to share the Catholic faith with the world, free of government fines.”

After their original lawsuit was dismissed in early 2013, EWTN and the Attorney General of the State of Alabama joined Becket last October in filing a new lawsuit against the unconstitutional HHS mandate. After an unfavorable ruling from the district court, the Eleventh Circuit granted EWTN emergency relief while it pursues its appeal. Eighty percent of legal challenges to the HHS Mandate have resulted in favorable rulings supporting religious freedom. There are currently 100 lawsuits challenging the unconstitutional HHS mandate.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include two major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”For more information, or to arrange an interview with one of the attorneys, please contact  Melinda Skea, media@becketlaw.org, 202.349.7224.

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In a brief to the Tenth Circuit Court of Appeals last night, the government announced, “they have determined to augment the regulatory accommodation process in light of the Wheaton College injunction and that they plan to issue interim final rules within a month.”

Washington, D.C. – In another important victory against the HHS Mandate, Wheaton College received last minute relief from the Supreme Court today, protecting the College’s right to carry out its religious mission free from crippling IRS fines.The Court’s order states that Wheaton “need not use the form prescribed by the Government” under the HHS Mandate, and it prohibits the government “from enforcing against [Wheaton] the challenged provisions of the Patient Protection and Affordable Care Act and related regulations pending final disposition of appellate review.” The order gives Wheaton the same relief that the Supreme Court gave to the Little Sisters of the Poor in January. It comes just days after Hobby Lobby and Eternal Word Television Network won similar victories at the Supreme Court and Eleventh Circuit (see video).

“The Court rightly recognized that Wheaton’s religious community should be allowed to practice its faith free from crushing government fines,”said Mark Rienzi, Senior Counsel for Becket, which represents Wheaton College.Wheaton College is a pervasively Christian academic institution, whose motto is “For Christ and His Kingdom.” Its students, faculty, and staff commit to a Community Covenant that affirms “the God-given worth of human beings, from conception to death.”

“On the eve of Independence Day, we are grateful to God that the Supreme Court has made a wise decision in protecting our religious liberty–at least until we have an opportunity to make our full case in court. We continue to believe that a college community that affirms the sanctity of human life from conception to the grave should not be coerced by the government into facilitating the provision of abortion-inducing drugs,” said Dr. Philip Ryken, President of Wheaton College.

Today, thanks to the Supreme Court’s decision, Wheaton College joins Hobby Lobby, Eternal Word Television Network (see video) and many other organizations that that have received favorable rulings against the HHS Mandate. Non-profit religious organizations have now received 30 injunctions against the mandate; only three injunctions have been denied. Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions.

For over 20 years, it has defended clients of all faiths, including Buddhists, Christians, Jews, Hindus, Muslims, Native Americans, Sikhs, and Zoroastrians. Its recent cases include two major Supreme Court victories: the landmark ruling in Burwell v. Hobby Lobby, and the 9-0 ruling in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”For more information, or to arrange an interview with one of the attorneys, please contact  Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. – On the same day the U.S. Supreme Court affirmed religious freedom for the Green family, founders and owners of Hobby Lobby stores, two federal courts issued decisions making clear the court’s decision will also reach broadly to protect non-profit religious organizations.In two more quick wins for religious freedom Eternal Word Television Network and five Catholic institutions in Wyoming were granted last minute relief from two federal courts of appeals. The rulings came one day before these institutions would be forced to violate their deeply help religious convictions or pay crippling fines to the IRS on July 1.  Pending the Hobby Lobby ruling, Becket asked the Eleventh Circuit to step in to protect Eternal Word from being forced to provide potentially life-terminating drugs and devices that violate their teachings (see video).

“Thanks to the courts’ decisions, Eternal Word can now freely practice what they preach. The death knell is sounding for the HHS Mandate,” said Lori Windham, Senior Counsel at Becket and counsel for Eternal Word. “The ruling in Hobby Lobby and then these two rulings in quick succession show that the HHS Mandate is on its last legs when it comes to religious non-profits. The sad part is that it has taken almost three years of litigation to get to a result the Administration should have supported in the first place because it is the right thing to do. Government shouldn’t be in the business of forcing nuns to violate their religious convictions.”Thirty-three years ago, Mother Angelica, a cloistered nun, founded a small television network in her monastery garage with a mission to spread the teachings of her Catholic faith. Today, Eternal Word has become the largest religious media network in the world, transmitting programming 24 hours a day to televisions in more than 230 million homes in more than 140 countries and territories. Eternal Word is also a religious shrine and pilgrimage site for millions of Catholics seeking daily mass and worship. A Catholic network whose sole purpose is to spread the word of God, Eternal Word must fight for the right to remain faithful to the very Catholic message it advances (see video).The five Wyoming Catholic entities are the Catholic Diocese of Cheyenne, Catholic Charities of Wyoming, St. Joseph’s Children’s Home, St. Anthony Tri-Parish Catholic School, and Wyoming Catholic College. They are represented by the Jones Day law firm.

In his concurring opinion in the Eleventh Circuit decision protecting Eternal Word, federal appeals court Judge William Pryor called the Government’s arguments “Rubbish.”And finally, last night, the Supreme Court entered a temporary injunction protecting Wheaton College while the government responds to Wheaton’s application for an injunction pending appeal.The seven religious institutions that obtained protection today join the 80%+ of HHS legal challenges that have resulted in favorable rulings supporting religious freedom. There are currently 100 lawsuits challenging the unconstitutional HHS mandate.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 19 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. – In a resounding victory for religious freedom, today Eternal Word Television Network (EWTN), founded by a cloistered nun and dedicated to spreading the teachings of the Catholic Church, was granted last minute relief from the Eleventh Circuit Court of Appeals, one day before the world’s largest religious media network would be forced to violate its deeply help religious convictions or pay crippling fines to the IRS on July 1 (see video).After the district judge recently issued a disappointing ruling against the global Catholic media network, Becket filed an emergency appeal to the Eleventh Circuit. Pending that ruling, Becket urged the Supreme Court and the Eleventh Circuit to step in to protect EWTN from being forced to provide contraceptives and potentially life-terminating drugs and devices that violate its Catholic teachings. Thanks to the Eleventh Circuit’s decision today to grant temporary emergency relief to the Catholic network, EWTN can now freely practice what it preaches while it pursues its claims in court.

“On the same day as the Hobby Lobby decision, the Eleventh Circuit protected religious ministries challenging the same government mandate,” said Lori Windham, Senior Counsel at Becket. “It’s time for the government to stop fighting ministries like EWTN and the Little Sisters of the Poor, and start respecting religious freedom.”
Thirty-three years ago, Mother Angelica, a cloistered nun, founded a small television network in her monastery garage with a mission to spread the teachings of her Catholic faith. Today, EWTN has become the largest religious media network in the world, transmitting programming 24 hours a day to televisions in more than 230 million homes in more than 140 countries and territories. EWTN is also a religious shrine and pilgrimage site for millions of Catholics seeking daily mass and worship. A Catholic network whose sole purpose is to spread the word of God, EWTN must fight for the right to remain faithful to the very Catholic message it advances (see video).

“We are thankful that the Eleventh Circuit protected our right to religious freedom while we pursue our case in court,” said EWTN Chairman and CEO Michael P. Warsaw. “We want to continue to practice the same Catholic faith that we preach to the world every day.”

After their original lawsuit was dismissed in early 2013, EWTN and the Attorney General of the State of Alabama joined Becket last October in filing a new lawsuit against the unconstitutional HHS mandate. After turning to the Supreme Court on Friday, today EWTN joins the 80% of HHS legal challenges that have resulted in favorable rulings supporting religious freedom. There are currently 100 lawsuits challenging the unconstitutional HHS mandate.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 19 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. – Nearly 200 Southern Baptist and Evangelical ministries received widespread support in their HHS Mandate challenge from legal briefs filed by a diverse group of religious and secular organizations.

GuideStone Financial Resources of the Southern Baptist Convention, Reaching Souls International, and Truett-McConnell College represent nearly 200 religious ministries in their class-action lawsuit against the administration’s HHS Mandate, which demands that they violate their conscience or pay crippling penalties. The class of approximately 187 ministries currently receive conscience-compliant health benefits through GuideStone, the benefits arm of the Southern Baptist Convention that has served Southern Baptist churches and affiliated ministries for nearly 100 years.

GuideStone already covers the contraceptive methods used by most American women, such as the Pill. Like many other Evangelical Christian organizations, GuideStone, Reaching Souls, and Truett-McConnell only object to the narrow class of contraceptives that can risk of destroying newly-created human life.

“Reaching Souls cares for orphans in Africa and trains pastors in Africa, India, and Cuba. Truett-McConnell trains college students to follow Christ with their whole lives. These ministries—and hundreds others like them—have chosen GuideStone because they want health benefits that reflect their deeply-held Christian beliefs,” said Adèle Keim, Legal Counsel for Becket and counsel for GuideStone. “But in the government’s view, these ministries are ‘not religious enough’ to merit an exemption. The government wants to force small non-profit ministries like Reaching Souls and Truett-McConnell to change their health plan in a way that violates their consciences—or pay crushing penalties.”

Yesterday, a diverse group of religious and secular organizations filed amicus briefs defending the ministries’ right to adhere to their convictions. Amici include the National Association of Evangelicals, Prison Fellowship, the Lutheran Church-Missouri Synod, the Christian Medical Association, the Christian Legal Society, the American Center for Law and Justice, Concerned Women for America, Americans United for Life, the Judicial Education Project, and law professor Helen Alvaré. They were joined by a broad array of Southern Baptist leaders, including the Ethics & Religious Liberty Commission of the Southern Baptist Convention, the Southern Baptist Convention’s International Mission Board, the Southern Baptist Theological Seminary, and Dr. R. Albert Mohler, Jr.

As the brief filed by Dr. Mohler and other Southern Baptist leaders states, “[A] regulation requiring a Southern Baptist individual or ministry to be complicit in conduct that the Christian faith teaches is morally wrong forces that person or ministry into an impossible choice—to either violate conscience or violate the law. … In light of th[eir] spiritual duty, it is . . . not surprising that Appellees refuse to quail before the government’s demand to violate conscience[.]”

The lawsuit was filed by Becket and Locke Lord LLP in federal district court in Oklahoma. Becket is also representing the Little Sisters of the Poor, Hobby Lobby, Belmont Abbey College, Colorado Christian University, East Texas Baptist University, Eternal Word Television Network, Houston Baptist University, Ave Maria University, and Wheaton College in similar lawsuits.  This is the second class action filed challenging the administration’s mandate.  The other class action was filed in federal district court in Denver by Becket and Locke Lord LLP on behalf of various religious organizations participating in the Christian Brothers Employee Benefit Trust, a national plan established for Catholic employers.

On December 20, 2013, GuideStone, Truett-McConnell and Reaching Souls became the first class-action suit to win a preliminary injunction from the HHS Mandate. The government has appealed to the Tenth Circuit, and the parties are currently briefing that appeal.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.” 

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7224.

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Washington, D.C. –  Today the Little Sisters of the Poor received an injunction from the Supreme Court protecting them from the controversial HHS mandate while their case is before the Tenth Circuit Court of Appeals.  The injunction means that the Little Sisters will not be forced to sign and deliver the controversial government forms authorizing and instructing their benefits administrator to provide contraceptives, sterilization, and drugs and devices that may cause early abortions (see video). The Court’s order also provides protection to more than 400 other Catholic organizations that receive health benefits through the same Catholic benefits provider, Christian Brothers.

“We are delighted that the Supreme Court has issued this order protecting the Little Sisters,” said Mark Rienzi, Senior Counsel for Becket.  “The government has lots of ways to deliver contraceptives to people–it doesn’t need to force nuns to participate.”

To receive protection, the Supreme Court said that the Little Sisters and other organizations that receive benefits through Christian Brothers must simply inform HHS of their religious identity and objections. The Court said that the Little Sisters did not have to sign or deliver the controversial government forms that authorize and direct their benefits administrator to provide the objectionable drugs and devices.

The order was issued by the entire Supreme Court. Justice Sonia Sotomayor, who is the Justice assigned for emergency applications from the Tenth Circuit Court of Appeals, had previously issued a temporary injunction to allow the court time to consider the Little Sisters’ emergency appeal, filed on New Years’ Eve.

Prior to the order, injunctions had been awarded in 18 of the 19 similar cases in which relief had been requested.

“Virtually every other party who asked for protection from the mandate has been given it,” said Rienzi.  “It made no sense for the Little Sisters to be singled out for fines and punishment before they could even finish their suit.”

The Little Sisters are joined in the lawsuit by religious health benefit providers, Christian Brothers Services, Christian Brothers Employee Benefits Trust.  The lawsuit is a class action on behalf of all the non-exempt organizations that receive benefits through Christian Brothers. The Plaintiffs are also represented by Locke Lord, a national law firm, and by Kevin Walsh, a law professor at the University of Richmond.

To date, there are currently 91 lawsuits challenging the unconstitutional HHS mandate. Becket represents: Hobby Lobby, Little Sisters of the Poor, GuideStone, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 19 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. –  Tonight the Little Sisters of the Poor received a temporary injunction from the Supreme Court protecting them from the controversial HHS contraceptive mandate.  The injunction means that the Little Sisters will not be forced to sign and deliver forms tonight authorizing and directing others to provide contraceptives, sterilizations and drugs and devices that cause abortions (see video).

 “We are delighted that the Supreme Court has issued this order protecting the Little Sisters,” said Mark Rienzi, Senior Counsel for Becket.  “The government has lots of ways to deliver contraceptives to people–it doesn’t need to force nuns to participate.”

The order was issued by Supreme Court Justice Sonia Sotomayor, who is the Justice assigned for emergency applications from the Tenth Circuit Court of Appeals.  Justice Sotomayor also ordered the federal government to file a brief in response to the Little Sisters’ application.

 Prior to the order, preliminary injunctions had been awarded in 18 of the 20 similar cases in which relief had been requested.

 “Virtually every other party who asked for protection from the mandate has been given it,” said Rienzi.  “It makes no sense for the Little Sisters to be singled out for fines and punishment before they can even finish their suit.”

 The Little Sisters are joined in the lawsuit by religious health benefit providers, Christian Brothers Services, Christian Brothers Employee Benefits Trust.  The Plaintiffs are also represented by Locke Lord, a national law firm, and by Kevin Walsh, a law professor at the University of Richmond.

 To date, there are currently 91 lawsuits challenging the unconstitutional HHS mandate. Becket represents: Hobby Lobby, Little Sisters of the Poor, Guidestone, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 19 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

 For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. – Today a Houston federal court delivered a major blow to the controversial HHS mandate ruling in favor of East Texas Baptist University and Houston Baptist University.  In a 46-page opinion, the court ruled that the federal mandate requiring employers to provide employees with abortion-causing drugs and devices violates federal civil rights laws, and issued an injunction against the mandate. Religious plaintiffs have now won injunctions in 9 out of 12 such cases involving non-profit entities challenging the mandate.

“The government doesn’t have the right to decide what religious beliefs are legitimate and which ones aren’t,” said Eric Rassbach, Deputy General Counsel at Becket, and lead attorney for East Texas Baptist and Houston Baptist Universities. “In its careful opinion, the Court recognized that the government was trying to move across that forbidden line, and said “No further!”

In its opinion, the federal court specifically rejected the government’s argument that it evaluate the Universities’ beliefs: “The religious organization plaintiffs have shown a sincerely held religious belief that the court cannot second-guess.”

The decision is part of a recent groundswell of cases decided against the government. In nine of the twelve cases decided thus far, federal district courts across the country have issued injunctions against the mandate.

“The government has enforced the health care reform law very unevenly, handing out exemptions to those it sees as its allies,” stated Rassbach. “Perhaps the worst part of the government’s approach is that it seems to have decided that religious institutions are the only ones not to get an exemption.”

Also participating as plaintiff in the case is Westminster Theological Seminary, a Reformed Protestant seminary based in Philadelphia. Westminster is represented by Kenneth Wynne of Wynne & Wynne, LLP.

To date, there are currently 89 lawsuits challenging the unconstitutional HHS mandate. Becket represents: Hobby Lobby, Little Sisters of the Poor, Guidestone, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.

Two HHS mandate cases involving for-profit plaintiffs – Hobby Lobby and Conestoga Wood – are set to be argued before the Supreme Court in March.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 19 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. – On Friday, a federal district court granted nearly 200 evangelical ministries relief from the administration’s contraceptive and abortifacient mandate. All the non-exempt religious organizations that provide their employees with health benefits through GuideStone Financial Resources of the Southern Baptist Convention—including lead plaintiffs Truett-McConnell CollegeReaching Souls International—are now protected from the mandate while their case proceeds.  These evangelical organizations only object to four out of twenty FDA-approved contraceptives—those like the “morning after pill” and the “week after pill” that may cause early abortions. The court’s order is an early Christmas gift that came just days before the January 1, 2014 deadline that would have forced the ministries to choose between following their religious beliefs about the sanctity of life and paying thousands of dollars a day in fines.

“This is an overwhelming victory for GuideStone and the nearly 200 plaintiffs in this class-action lawsuit,” said Adèle Keim, Legal Counsel for Becket, and attorney for GuideStone. “For over 200 years, Baptists in America have stood for religious liberty for all. Today’s ruling will allow hundreds of Baptist ministries to continue preaching the Gospel and serving the poor this Christmas, without laboring under the threat of massive fines.” Becket is co-counsel on the case with Locke Lord LLP and Conner & Winters LLP.

The class, represented by Reaching Souls International and Truett-McConnell College, includes 187 ministries that currently receive health benefits through GuideStone, the health benefits arm of the Southern Baptist Convention. Reaching Souls International trains pastors and cares for orphans in Africa, India, and Cuba, and Truett-McConnell College is a Georgia Baptist college.

Following a hearing on Monday, the federal district court granted GuideStone, Truett-McConnell College, and Reaching Souls injunctive relief from the government’s mandate. The court’s order protects all of the ministries that receive health benefits through GuideStone and are not otherwise exempt from the HHS mandate. The court opinion reads, “Upon consideration, the Court finds Defendants’ argument to be simply another variation of a proposition rejected by the court of appeals in Hobby Lobby.”

This is the first class-action victory against the mandate, and the sixth injunction among the non-profit challengers.

To date, there are currently 89 lawsuits challenging the unconstitutional HHS mandate. Becket represents: Hobby Lobby, Little Sisters of the Poor, GuideStone, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 19 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. – Today Becket refiled its lawsuit on behalf of Wheaton College against the administration’s controversial HHS mandate, which forces the evangelical liberal arts institution to violate its religious teachings or pay ruinous fines. Wheaton College’s original lawsuit was delayed for over a year by the government’s promise of a religious accommodation, but the government still insists that Wheaton College is not a “religious employer” and therefore ineligible for a religious exemption.

“The administration is still forcing Wheaton College to make an impossible choice to either comply with the mandate and violate its conscience, or pay severe fines,” said Adèle Keim, Legal Counsel at Becket and lead counsel for Wheaton. “Any definition of ‘religious employer’ that leaves out Wheaton College is obviously flawed.”

Wheaton College is an explicitly Christian liberal arts college and graduate school with a deep commitment to do all things “For Christ and His Kingdom.” A pervasively Christian institution, Wheaton’s students, faculty, and staff affirm “the God-given worth of human beings, from conception to death.” The institution’s religious convictions prevent it from providing its employees with access to abortion-causing drugs that can harm human life. Wheaton College is now fighting for the right to carry out its Christian mission free from government coercion.

“We cannot abandon our Christian beliefs simply because the government refuses to recognize that Wheaton is a religious institution,” said Philip Ryken, President of Wheaton College.  “The government has exempted plans covering millions of people from this mandate—it should exempt Wheaton too.”

There are currently 88 lawsuits challenging the unconstitutional HHS mandate. Becket currently represents: Hobby Lobby, Little Sisters of the Poor, Guidestone Financial, Christian Brothers Services, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 19 years its attorneys have been recognized as experts in the field of church-state law. The Becket Fund recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, media@becketlaw.org, 202.349.7224.

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Washington, D.C. – Today Becket filed a lawsuit on behalf of Belmont Abbey College, a Catholic liberal arts college founded by Benedictine monks, against the administration’s HHS mandate. Belmont Abbey College now faces hefty IRS fines unless it complies with the mandate’s requirement to provide its employees with contraception, sterilization, and abortion-inducing drugs that violate its Catholic beliefs.

“Religious liberty, a fundamental right of all American citizens, has enabled our Benedictine community to found and operate our College according to the principles of our Catholic faith for one hundred and thirty-seven years. We cannot abandon these principles at the whim of the government without destroying the distinct mission of the school as well as the fundamental rights we enjoy in this country,” said Abbot Placid Solari, Chancellor of the College and Abbot of Belmont Abbey. 

Becket is defending Belmont Abbey College’s right to continue providing its employees with health benefits that are consistent with its Catholic faith.  Though the government allows “religious employer” exemptions from the mandate for churches and certain related entities, that exemption excludes most religious colleges, hospitals, and nursing homes.

“Belmont Abbey is yet another religious organization that the government has classified as ‘not religious enough’ for a mandate exemption,” said Mark Rienzi, Senior Counsel for Becket for and lead counsel for Belmont Abbey College. “Any definition of “religious employer” that excludes monks instilling religion is baffling.”

Founded in 1876 by the Benedictine monks of Belmont Abbey, Belmont Abbey College strives to carry out a simple mission: “That in all things God may be glorified.” As a Catholic liberal arts college, Belmont Abbey upholds the teachings of the Catholic Church, including the respect for all human life. Participating in a system to provide services such as contraception, sterilization, and abortion pills would contradict the Catholic mission it seeks to advance. Belmont Abbey must now choose to either comply with the mandate and violate its convictions – or pay massive fines to the I.R.S.

“As with the 82 other lawsuits against the mandate, Belmont Abbey is being forced to pay for its First Amendment right to practice its religious freedom,” said Rienzi.  “The government has lots of ways to distribute contraceptives if it wants to—forcing monks to do it is completely unnecessary.”

Becket is also representing the Little Sisters of the Poor, Hobby Lobby, Christian Brothers Services, Guidestone Financial Resources, Colorado Christian University, East Texas Baptist University, Eternal Word Television Network, Houston Baptist University, Ave Maria University, and Wheaton College in similar lawsuits.  There are 82 lawsuits challenging the mandate.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys are recognized as experts in the field of church-state law, and they recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, Communications Director, at media@becketlaw.org or call 202.349.7224.

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Washington, D.C. – Becket will represent East Texas Baptist University and Houston Baptist University before the U.S. District Court for the Southern District of Texas at 10:00 a.m. on Monday, November 11, 2013. East Texas Baptist University and Houston Baptist University are both Christian liberal arts colleges in Texas challenging the HHS mandate. The court will consider whether the Christian universities should be required to provide coverage for abortion-inducing drugs against their religious beliefs.

WHAT:
East Texas Baptist University and Houston Baptist University oral argument before the U.S. District Court for the Southern District of Texas

WHO:
Eric Rassbach, Deputy General Counsel for Becket for Religious Liberty

WHEN:
10:00 a.m. CDT on November 11, 2013

WHERE:
Courtroom 11B, U.S. District Court for the Southern District of Texas

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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Washington, D.C. – Today, Becket and Alabama Attorney General Luther Strange joined forces with Eternal Word Television Network (EWTN) in filing a new lawsuit challenging the controversial HHS mandate which forces the Catholic network to violate their religious teachings or pay crippling fines.  EWTN’s original lawsuit against the mandate was delayed for over a year by the government’s promise of a fix.  But the final version merely added another layer of bureaucracy while keeping the basic requirement that religious organizations cover contraceptives, sterilization, and abortion-inducing drugs against their consciences.

“Version 2.0 of the mandate is just as bad as version 1.0,” said Lori Windham, Senior Counsel at Becket. “It would still force the world’s preeminent Catholic network to betray publicly the very teachings it was founded to promote, and which it promotes on a daily basis.”

Thirty-two years ago, Mother Angelica, a cloistered nun, founded a small television network in her monastery garage with a mission to spread the teachings of her Catholic faith. Today, EWTN has become the largest religious media network in the world, transmitting programming 24 hours a day to televisions in more than 230 million homes, according to the organization’s website. As a Catholic network whose sole purpose is to spread the word of God, EWTN must now fight for the right to remain faithful to the very Catholic message it advances.

“EWTN has no other option but to continue our legal challenge to the mandate,” said EWTN Chairman and CEO Michael P. Warsaw. “The revised rules, published by the government in July, have done nothing to address the serious issues of conscience and religious freedom that EWTN has been raising since the Mandate was first published last year.  The government has decided that EWTN is apparently not religious enough to be exempt from the rule. It has still placed us in a situation where we are forced to offer contraception, sterilization, and abortion-inducing drugs as part of our employee health plan or to offer our employees and their families no insurance at all. Neither of these options are acceptable. The mission of EWTN is not negotiable.”

After their original lawsuit was dismissed earlier this year, EWTN and the Attorney General of the State of Alabama joined Becket today in filing a new lawsuit against the unconstitutional contraception mandate.

“I am proud to stand with EWTN to oppose this unconscionable mandate.  Whatever we personally may think about contraception and abortion-inducing drugs, the government should not be in the business of forcing people to violate their religious convictions,” said Luther Strange, Attorney General for the State of Alabama.

There are 75 lawsuits challenging the administration’s mandate. Becket also represents the Little Sisters of the Poor, Hobby Lobby, Belmont Abbey College, Colorado Christian University, East Texas Baptist University, Guidestone, Houston Baptist University, Ave Maria University, and Wheaton College in similar lawsuits.

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea, Communications Director, at media@becketlaw.org or call 202.349.7224.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions. Becket has a 17-year history of defending religious liberty for people of all faiths. Its attorneys are recognized as experts in the field of church-state law. They recently won a 9-0 victory against the federal government at the U.S. Supreme Court in Hosanna-Tabor v. EEOC.

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Washington, D.C. – Today Becket together with the national law firm Locke Lord LLP filed a class-action lawsuit on behalf of three non-profit religious organizations who cannot comply with the federal government’s mandate that they provide employees with free access to abortion-inducing drugs and devices:

• Reaching Souls International, a nonprofit evangelistic ministry dedicated to preaching the Gospel and caring for orphans in Africa, India, and Cuba;
• Truett-McConnell College, a Georgia Baptist college dedicated to equipping students to make disciples of Christ among all the nations through a biblically-centered education; and
• GuideStone Financial Resources, the benefits arm of the Southern Baptist Convention. GuideStone has been providing retirement and health benefits to Southern Baptist churches and affiliated ministries like Reaching Souls and Truett-McConnell College for nearly 100 years.

The class, represented by Reaching Souls International and Truett-McConnell College, includes over 100 ministries that currently receive conscience-compliant health benefits through GuideStone. None of the ministries that comprise the class qualify for HHS’ narrow “religious employer” exemption, and they all face enormous fines if they do not comply with the government’s mandate by January 1, 2014.

“The government’s refusal to treat these ministries as ‘religious employers’ is senseless,” said Mark Rienzi, Senior Counsel for Becket.  “These people spend their lives teaching and preaching their religious faith—if they do not qualify as ‘religious employers,’ the government needs to get a new definition.”

The lawsuit is brought by Reaching Souls, Truett-McConnell, and GuideStone on behalf of all of the religious groups that participate in GuideStone’s health benefits plan and are not exempt from the government mandate to cover emergency contraceptives.

“The very purpose of the GuideStone plan is to provide ministry organizations with employee health benefits according to Biblical principles,” said O.S. Hawkins, GuideStone’s President and Chief Executive Officer.  “The government shouldn’t prohibit us from continuing in that ministry.”

The government allows exemptions from the mandate for churches and certain other religious ministry groups, but Reaching Souls and Truett-McConnell do not qualify because they do not fall within a narrow tax law category of ministries that are “integrated auxiliaries” of a church.

Founded by a Southern Baptist pastor and evangelist in 1986, Reaching Souls’ mission is “to reach Souls for Christ” by training, equipping, and supporting African, Cuban, and Indian pastors and evangelists as they preach the Gospel to their  neighbors and countrymen. Through their dedicated preaching, pastors and evangelists trained and supported by Reaching Souls have reached out to over 20 million people in Africa, Cuba, and India.

In addition to proclaiming the Gospel, Reaching Souls has rescued hundreds of orphans in Africa and India by placing them into loving homes. If Reaching Souls does not comply with the mandate by January 1, 2014, it will face $365,000 per year in IRS fines.

“Because everyone is made in the image of God, even the most vulnerable people in society should be respected, served, and loved. That’s why Reaching Souls is committed to reaching the neediest people with the Gospel and caring for orphaned children, and it’s why we believe that human life should be protected from conception. We want to offer a health plan that reflects those commitments,” said Dustin Manis, Reaching Souls’ CEO.

Located on 200 acres in the mountains of Georgia, Truett-McConnell is a Georgia Baptist liberal arts college whose mission is to “equip students to fulfill the Great Commission by fostering a Christian worldview through a biblically centered education.”  If Truett-McConnell does not comply with the mandate by January 1, it will face nearly $3 million per year in IRS fines.

“We teach our students what it means to think Biblically about all areas of life,” said Dr. Emir Caner, President of Truett-McConnell. “We can’t tell them that human life is sacred from the time of conception and then turn around and offer health benefits that are inextricably linked to providing abortion-causing drugs. Southern Baptists have a long history of standing up to government coercion in matters of conscience—it’s a tradition we’re honored to join.”

The lawsuit was filed by Becket and Locke Lord LLP in the federal district court in Oklahoma. This is the 74^th lawsuit challenging the administration’s mandate. Becket is also representing the Little Sisters of the Poor, Hobby Lobby, Belmont Abbey College, Colorado Christian University, East Texas Baptist University, Eternal Word Television Network, Houston Baptist University, Ave Maria University, and Wheaton College in similar lawsuits.  This is the second class action file challenging the administration’s mandate.  The other class action was filed in federal District Court in Denver by Becket and Locke Lord LLP on behalf of various religious organizations participating in the Christian Brothers Employee Benefit Trust, a national plan established for Catholic employers.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law.  They recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7224.

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Washington, D.C.,  — Today, Becket filed a lawsuit on behalf of the Little Sisters of the Poor, a religious order of Sisters dedicated to caring for the elderly poor (see video).

Without relief, the Little Sisters face millions of dollars in IRS fines because they cannot comply with the government’s mandate that they give their employees free access to contraception, sterilization, and abortion-inducing drugs.  The Little Sisters are joined by their religious health benefits providers, Christian Brothers Services and Christian Brothers Employee Benefits Trust, and a class of other religious organizations facing similar fines, in the first class action lawsuit against the Mandate.

The Little Sisters of the Poor are an international Roman Catholic Congregation of women Religious founded in 1839 by St. Jeanne Jugan.  They operate homes in 31 countries, where they provide loving care for over 13,000 needy elderly persons.  Thirty of these homes are located in the United States.

“Like all of the Little Sisters, I have vowed to God and the Roman Catholic Church that I will treat all life as valuable, and I have dedicated my life to that work,” explained Sister Loraine Marie, Superior for one of the three U.S. provinces in the Congregation.  “We cannot violate our vows by participating in the government’s program to provide access to abortion inducing drugs.”

Although the Little Sisters’ homes perform a religious ministry of caring for the elderly poor, they do not fall within the government’s narrow exemption for “religious employers.”  Accordingly, beginning on January 1, the Little Sisters will face IRS fines unless they violate their religion by hiring an insurer to provide their employees with contraceptives, sterilization, and abortion-inducing drugs.

“The Sisters should obviously be exempted as ‘religious employers,’ but the government has refused to expand its definition,” said Mark Rienzi, Senior Counsel for Becket and lead counsel for the Little Sisters.   “These women just want to take care of the elderly poor without being forced to violate the faith that animates their work.  The money they collect should be used to care for the poor like it always has—and not to pay the IRS.”

The lawsuit is the first of its kind both because it is a class-action suit that will represent hundreds of Catholic non-profit ministries with similar beliefs and because it is the first on behalf of benefits providers who cannot comply with the Mandate. The lawsuit was filed in federal District Court in Denver.  There are now 73 lawsuits challenging the mandate.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law.  They recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.” For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7224.

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Washington, D.C. —  Today, Ave Maria University joined the rising tide of lawsuits against the HHS abortion-drug “accommodation,” which still forces the Catholic university to violate its deeply held religious beliefs or pay crippling fines of up to $15,000 dollars per day, or more than $5 million per year. The new challenge comes just two months after the final rule was announced in June.

“The bureaucrats’ proposed solution does not solve anything,” said Eric Baxter, Senior Counsel at Becket, which represents Ave Maria University in this matter. “Ave Maria is still forced to participate in the government’s scheme to provide free access to contraceptive and abortifacient drugs and devices against their religious beliefs.”

Earlier this year, the U.S. District Court for the Middle District of Florida dismissed Ave Maria’s challenge while waiting for the administration to issue final regulations responding to the objections of religious organizations. Under the newly released regulations, organizations like Ave Maria must cause another organization to do the same thing they cannot do directly. They and their health care plan remain the central cog in the government’s scheme.

“Ave Maria cannot assuage its conscience by simply causing someone else to provide the objectionable services.  It cannot allow its healthcare plan to facilitate access to contraceptive or abortifacient drugs and devices in any way,” said Baxter. “Like other religious employers,  Ave Maria deserves a complete exemption.”

“It is a sad day when an American citizen or organization has no choice but to sue its own government in order to exercise religious liberty rights guaranteed by our nation’s Constitution,” said President Towey, Ave Maria’s President and former head of the Bush Administration’s Office of Faith-Based & Community Initiatives.

Ave Maria’s renewed lawsuit was filed today in the U.S. District Court for the Middle District of Florida. The lawsuit challenges the HHS regulations as violations of the Religious Freedom Restoration Act, the First and Fifth Amendments of the U.S. Constitution, and the Administrative Procedures Act. There have been more than 60 cases challenging the mandate.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 Supreme Court victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becket.org, 202.349.7224.

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WASHINGTON, DC – In response to today’s final regulation on the Health and Human Services Mandate, Eric Rassbach, Deputy General Counsel for Becket provided the following statement:

“Unfortunately the final rule announced today is the same old, same old. As we said when the proposed rule was issued, this doesn’t solve the religious conscience problem because it still makes our non-profit clients the gatekeepers to abortion and provides no protection to religious businesses” says Eric Rassbach, Deputy General Counsel for Becket. “The easy way to resolve this would have been to exempt sincere religious employers completely, as the Constitution requires. Instead this issue will have to be decided in court.”

The final rule fails to fix the HHS employer mandate’s fundamental problems:

• Non-profit religious employers are still dragooned into acting as gatekeepers to abortion
• Self-insured religious groups must hire administrators that pay for abortifacients and contraceptives
• Religious business owners still have to provide abortion-inducing drugs or pay up to millions of dollars in fines

“When it comes to religious liberty, the Department of Health and Human Services is acting like a kid who doesn’t want to eat his lima beans. Our Constitution and laws require them to protect religious exercise, but they really don’t want to, so they are trying every trick in the book to avoid doing so. But we will keep suing until the courts make HHS comply with its obligations” says Rassbach.

Becket led the charge against the unconstitutional HHS mandate. Becket currently represents: Hobby Lobby, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.

Becket is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7224.

WASHINGTON, DC – On Friday, Westminster Theological Seminary joined the throng of challengers to the unconstitutional HHS contraceptive-coverage mandate that forces employers to violate their consciences or pay large fines. Westminster, which is represented by prominent Houston litigator Ken Wynne, moved to intervene in Becket’s lawsuit on behalf of East Texas Baptist University and Houston Baptist University in Houston federal district court.

A leading Reformed Protestant seminary located in Pennsylvania, Westminster Theological Seminary has come alongside two other Christian universities with differing theological backgrounds to champion a cause that they hold in common. None of the universities can provide abortion-causing drugs to their employees without violating their consciences.

“This latest development is more evidence that this unconstitutional mandate violates the core beliefs of religious groups across the theological spectrum,” says Diana Verm, counsel for Becket Law. “We applaud Westminster Theological Seminary’s brave stand for its conscience, and we welcome it in the fight against government intrusion into its beliefs.”

There are 49 separate lawsuits challenging the HHS mandate, which is a regulation under the Affordable Care Act (aka “Obamacare”). Becket led the charge against the unconstitutional HHS mandate, and along with East Texas Baptist University and Houston Baptist University represents: Hobby Lobby, Ave Maria University, Belmont Abbey College, Colorado Christian University, EWTN, and Wheaton College.

Becket Law is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7201.

Washington, D.C. — Last night, nine U.S. Senators and two U.S. Representatives, along with the Oklahoma Attorney General and 11 other key groups, filed friend-of-the-court briefs supporting Becket’s challenge to the HHS mandate on behalf of Hobby Lobby Stores, Inc. The HHS mandate forces the Christian-owned-and-operated business to provide the “morning after pill” and “week after pill” in their health insurance plan or face crippling fines.

“While any brief by sitting members of Congress is significant, this one comes from members who originally supported the federal civil rights law—the Religious Freedom Restoration Act of 1993—which is at the heart of the mandate challenges,” said Kyle Duncan, General Counsel for Becket Law. “The brief leaves no doubt that Congress intended to protect the religious freedom of those like Hobby Lobby and its founder, David Green, against federal attempts to force them to insure abortion-inducing drugs.”

The case is currently before the 10th Circuit Court of Appeals.  A hearing could take place as early as this spring.

Signed by Senators Orrin G. Hatch, Daniel R. Coats, Thad Cochran, Mike Crapo, Charles Grassley, James M. Inhofe, Mitch McConnell, Pat Roberts, Richard Shelby and Congressmen Lamar Smith and Frank Wolf, the Congressional brief states:

• “Congress plainly wrote [the Religious Freedom Restoration Act or “RFRA”] to include corporations[.]”

• The federal government “may not pick and choose whose exercise of religion is protected and whose is not.”

The federal government’s “refusal to apply RFRA . . . turns the law of religious freedom upside down. RFRA places a heavy burden on Government and protects religion by default. But the HHS mandate places a heavy burden on religion and protects Government by default.”

An extraordinary example of bipartisanship, versions of RFRA were introduced by then-Senator Joe Biden, Senator Orrin Hatch and the late Senator Ted Kennedy, as well as then-Congressmen Chuck Schumer and Christopher Cox. It drew support from groups ranging from the ACLU, the Christian Legal Society, People for the American Way, the Southern Baptist Convention and Concerned Women for America. RFRA was signed in 1993 by President Bill Clinton.

In addition, 11 other key briefs were filed on behalf of Hobby Lobby stores, including the State of Oklahoma, the Christian Medical Association and the Archdiocese of Oklahoma City, to name a few.

Brief of the State of Oklahoma:

• “Operation of the Green Family’s corporations in a manner consistent with the Green Family’s religious faith is no less worthy of respect and protection than is the religious faith practiced by church members through a church also organized as a corporation under Oklahoma General Corporation Act.”

Brief of the Association of American Physicians & Surgeons, American Association of Pro-Life Obstetricians & Gynecologists, Christian Medical Association, Catholic Medical Association, National Catholic Bioethics Center, Physicians for Life and National Association of Pro Life Nurses:

• “‘[E]mergency contraception’” [such as the “morning after” and “week after” pill] has the potential to terminate the lives of unborn children. Being forced to pay for the termination of a human life is just as objectionable as being forced to participate in the termination of the human life.”

Brief of Emeritus Professor of Law Charles E. Rice, Professor of Law Bradley P. Jacob, The Texas Center for Defense of Life and The National Legal Foundation

• ”Just as a person who believes killing animals is morally wrong would reasonably think it wrong to give a gift certificate to a steakhouse, so a person who believes abortion is morally wrong could reasonably believe it wrong to provide health insurance that can be used to pay only for those goods and services the policy covers and that specifically covers abortifacients.”

Brief of the Association of Gospel Rescue Missions, Prison Fellowship Ministries, Association of Christian Schools International, National Association of Evangelicals, Ethics & Religious Liberty Commission of the Southern Baptist Convention, Institutional Religious Freedom Alliance, The C12 Group and Christian Legal Society as Amici Curiae in Support of Appellants and Reversal

• “Former Representative Bart Stupak (D-Mich.) and several other pro-life Democrats voted for ACA based on their belief that Executive Order 13535 would protect conscience rights as to ACA’s implementation. Former Representative Stupak has stated that the Mandate ‘clearly violates Executive Order 13535.’”

Brief of the Archdiocese of Oklahoma City

• “Nadine Strossen, then president of the ACLU, testified in support of RFRA, noting that the statute safeguarded ‘such familiar practices as. . . permitting religiously sponsored hospitals to decline to provide abortion or contraception services’ to others.”

• “The notion that a federal court may don ecclesiastical robes and purport to tell citizens that they do not correctly perceive the tenets of their faith is entirely foreign to American legal practice and experience.”

Briefs in support of Hobby Lobby also include:

• Brief of Breast Cancer Prevention Institute, Bioethics Defense Fund and Life Legal Defense Foundation
• Brief of The Right Reverend W. Thomas Frerking, OSB and Missouri Roundtable for Life
• Brief for Liberty, Life, and Law Foundation as Amicus Curiae in Support of Plaintiffs-Appellants and Urging Reversal
• Brief for United States Justice Foundation
• Brief of WyWatch Family Action, Inc. and Eagle Forum
• Brief of American Center for Law & Justice

Becket Law is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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 For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7224.

*Photo Credit: National Archives.  Used by permission.

WASHINGTON, DC –  Today’s announcement of the Notice of Proposed Rulemaking on the HHS mandate leaves the religious liberty of millions of Americans unprotected.

“Today’s proposed rule does nothing to protect the religious freedom of millions of Americans. For instance, it does nothing to protect the rights of family businesses like Hobby Lobby,” said Kyle Duncan, General Counsel for Becket Law.  “The administration obviously realizes that the HHS mandate puts constitutional rights at risk.  There would have been an easy way to resolve this—expanding the exemption—but the proposed rule expressly rejects that option.”

The proposed rule fails to fix the HHS mandate’s fundamental problems:

• The proposed rule provides no coverage for family businesses like Hobby Lobby.
• The proposed rule does not meaningfully expand the “church-only” exemption – which is the real relief that our clients are entitled to under our constitution.
• For other religious non-profits, HHS proposes a convoluted “accommodation” that may not resolve religious organizations’ objections to being coerced into providing contraceptives and abortifacients to their employees.
• Finally, the long-awaited rule provides no concrete guidance for religious groups that are self-insured.

“We are extremely disappointed with today’s announcement. HHS waited nearly a year and then gave us a proposed rule that still burdens religious liberty. It also gives no concrete guidance to self-insured religious organizations like Wheaton College. Given that today’s proposed rule was prompted in part by the D.C. Circuit’s order in the Wheaton College case, that is a remarkable and surprising omission,” says Kyle Duncan, General Counsel for Becket Law.  “We remain committed to protecting religious liberty until the Administration recognizes the conscience rights of all Americans.”

There are now 44 separate lawsuits challenging the HHS mandate, which is a regulation under the Affordable Care Act (aka “Obamacare”). Becket led the charge against the unconstitutional HHS mandate, and along with Hobby Lobby represents: Ave Maria University, Belmont Abbey College, Colorado Christian University, East Texas Baptist University, EWTN, Houston Baptist University, and Wheaton College.

Becket Law is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at becketlaw.org or call 202.349.7224.

“Following Justice Sonia Sotomayor’s decision on December 26th denying Hobby Lobby temporary relief from the HHS mandate to provide abortion-causing drugs as part of its healthcare plan, the company faced exposure to penalties beginning January 1.  Subsequently, Hobby Lobby discovered a way to shift the plan year for its employee health insurance, thus postponing the effective date of the mandate for several months.  Hobby Lobby does not provide coverage for abortion-inducing drugs in its healthcare plan. Hobby Lobby will continue to vigorously defend its religious liberty and oppose the mandate and any penalties.” — Peter M. Dobelbower, General Counsel – Vice President, Legal, Hobby Lobby Stores, Inc. 

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Statement Regarding Sotomayor Opinion
For Immediate Release: December 27, 2012

“Hobby Lobby will continue their appeal before the Tenth Circuit. The Supreme Court merely decided not to get involved in the case at this time. It left open the possibility of review after their appeal is completed in the Tenth Circuit. The company will continue to provide health insurance to all qualified employees. To remain true to their faith, it is not their intention, as a company, to pay for abortion-inducing drugs.” — Kyle Duncan, General Counsel, Becket Law

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WASHINGTON, DC – Today, a federal court denied a request to temporarily stop enforcement of the abortion pill mandate, which would force the Christian-owned-and-operated Hobby Lobby Stores, Inc., to provide the “morning-after pill” and “week-after pill” in its health insurance plan, or face crippling fines up to $1.3 million per day.

“The Green family is disappointed with this ruling,” said Kyle Duncan, General Counsel for Becket Law. “They simply asked for a temporary halt to the mandate while their appeal goes forward, and now they must seek relief from the United States Supreme Court. The Greens will continue to make their case on appeal that this unconstitutional mandate infringes their right to earn a living while remaining true to their faith.”

The 10th Circuit judges denied the motion calling the religious burden to the Green family “indirect and attenuated.”

Founded in an Oklahoma City garage in 1972, the Green family has grown Hobby Lobby from one 300-square-foot retail space into more than 500 stores in 41 states. “It is by God’s grace and provision that Hobby Lobby has endured,” said David Green, founder and CEO. “Therefore we seek to honor God by operating the company in a manner consistent with Biblical principles.”

Hobby Lobby is the largest and only non-Catholic-owned business to file a lawsuit against the HHS mandate. The Green family has no moral objection to the use of preventive contraceptives and will continue covering preventive contraceptives for its employees. However, the Green family’s religious convictions prohibit them from providing or paying for the abortion-inducing drugs, the “morning-after” and “week-after” pills, which would violate their most deeply held religious belief that life begins at conception.

The business’s lawsuit acts to preserve its right to carry out its mission free from government coercion.

There are now 42 separate lawsuits challenging the HHS mandate, which is a regulation under the Affordable Care Act (aka “Obamacare”). Becket led the charge against the unconstitutional HHS mandate, and along with Hobby Lobby represents: Wheaton College, East Texas Baptist University, Houston Baptist University, Belmont Abbey College, Colorado Christian University, the Eternal Word Television Network and Ave Maria University.

Becket Law is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. Becket recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”

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 For more information, or to arrange an interview with one of the attorneys, please contact Melinda Skea at media@becketlaw.org or call 202.349.7224.

WASHINGTON, DC – Today, a federal court denied a request to halt enforcement of the abortion pill mandate which forces the Christian-owned-and-operated Hobby Lobby Stores, Inc., to provide the “morning after pill” and “week after pill” in their health insurance plan, or face crippling fines up to $1.3 million dollars per day.

“We disagree with this decision and we will immediately appeal it,” says Kyle Duncan, General Counsel for Becket.  “Every American, including family business owners like the Greens, should be free to live and do business according to their religious beliefs.  The Green family needs relief now and we will seek it immediately from the federal appeals court in Denver.”

The court did not question that the Green family has sincere religious beliefs forbidding them from participating in abortion.  The court ruled, however, that those beliefs were only “indirectly” burdened by the mandate’s requirement that they provide free coverage for specific, abortion-inducing drugs in Hobby Lobby’s self-funded insurance plan.

Founded in an Oklahoma City garage in 1972, the Green family has grown Hobby Lobby from one 300-square-foot retail space into more than 500 stores in 41 states.  “It is by God’s grace and provision that Hobby Lobby has endured,” said David Green, Founder and CEO.  “Therefore we seek to honor God by operating the company in a manner consistent with Biblical principles.”