July 21, 2015

Eighth Circuit Allows Religious Liberty Suit vs. Obamacare Abortion Pill Mandate

This morning, the U.S. Court of Appeals for the Eighth Circuit handed down a unanimous decision in favor of Thomas More Society's clients, Missouri State Senator Paul Wieland and his wife Teresa, ruling that their lawsuit against Obamacare's HHS Abortion Pill Mandate may proceed to be heard on its merits. The HHS Mandate directs that - despite religious objections - all health insurance plans must cover contraception, including FDA-approved abortifacients (Plan B, Ella) as well as sterilization. The court overruled the lower court's dismissal of the case on procedural ("lack of standing to sue") grounds, sending it back to the federal district court for further proceedings on the merits of the Wielands' claims that they deserve a religious exemption from these compulsory insurance coverages.

The suit, filed back in November, 2013, contended that the HHS mandate infringed upon the Wielands' religious liberty rights under the First Amendment, because it forced them to violate their sincerely-held religious beliefs by providing health insurance coverage of abortion-inducing drugs, sterilization, and birth control to their teenage and adult daughters.

"Today's ruling is a huge victory for religious liberty," said Tom Brejcha, Thomas More Society President and Chief Counsel. "Last year, for profit business owners prevailed against the HHS mandate imposed by Obamacare when the U.S. Supreme Court ruled in favor of Hobby Lobby. Now, individuals and families may also sue to win protection from the Obamacare Mandate, when they have conscientious objections based on sincerely held religious beliefs. As the case has been remanded to the federal district court where our clients' religious liberty claims will be evaluated in light of the governing Hobby Lobby precedent, we hope to prevail in the end."

Click here for the originating article from Christian Newswire