A federal appeals court has paved the way for arts-and-crafts
retailer Hobby Lobby to pursue an injunction that would
block devastating fines while it continues its lawsuit against the
federal contraception mandate.
“Today marks a milestone in Hobby Lobby’s fight for religious liberty,”
said Kyle Duncan, general counsel for the Becket Fund for Religious
Liberty, which is defending Hobby Lobby, in a June 27 press release.
“This is a tremendous victory not only for the Green family and for
their business, but also for many other religious business owners who
should not have to forfeit their faith to make a living.”
Since founding Hobby Lobby in an Oklahoma City garage in 1972, the Green
family has seen its company grow to include more than 500 stores in
over 40 states.
The family is among more than 200 plaintiffs – including for-profit
businesses, non-profit charities, individuals and states – that have
filed lawsuits challenging the federal contraception mandate issued by
the Department of Health and Human Services.
The mandate requires employers to cover health insurance plans covering
contraception, sterilization and some drugs that could cause early
abortions, even if the provision of these products violates the
employer’s deeply-held religious beliefs.
Hobby Lobby’s owners do not object to the provision of contraceptives,
which they already cover in their plan. However, they have deep
religious objections to the “morning-after” and “week-after” pills which
are also included in the required coverage and may cause early
abortions by destroying the life of an already-created human embryo.
“It is by God’s grace and provision that Hobby Lobby has endured,” said
David Green, founder and CEO of Hobby Lobby on his case. “Therefore we
seek to honor God by operating the company in a manner consistent with
Biblical principles.”
The federal government has contended that the owners of “secular,
for-profit” companies cannot exercise freedom of religion in their
business decisions.
However, the Greens argue that their religion teaches that faith must
affect all areas of life, influencing the charitable donations they
make, the higher-than-average minimum wages they provide and their
decision to close all stores on Sundays so that employees can rest and
worship with their families.
Courts on several different levels initially denied Hobby Lobby’s
request for a temporary injunction to block the mandate from taking
effect while the company’s lawsuit works its way through the court
system.
Without an injunction, the company would soon face up to $1.3
million per day in fines for violating the mandate.
However, the 10th Circuit Court of Appeals then granted en banc
consideration of Hobby Lobby’s appeal and reversed a lower district
court’s ruling from last December.
The appeals court is sending the case back to the district court to hear
more argument and reconsider whether to grant the injunction being
sought by Hobby Lobby.
In doing so, it made the case that the company
and its owners had “established a likelihood of success” in arguing that
the mandate “substantially burdened” their religious freedom and would
cause “irreparable harm.”
Duncan described the decision as a victory and said, “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.”