Supreme Court Says Obama Admin Can’t Make Notre Dame Obey Pro-Abortion HHS Mandate

National   Steven Ertelt   Mar 9, 2015   |   10:54AM    Washington, DC

The Supreme Court has weighed in on the lawsuit Notre Dame filed against the HHS mandate compelling religious groups and businesses to pay for drugs for their employees that may cause abortions.

After a lower court dismissed the lawsuit, today the Supreme Court ordered the lower court to reconsider its ruling that denied a Catholic university the freedom to follow its faith.    

Previously, U.S. District Judge Robert L. Miller Jr. dismissed the suit, claiming that Notre Dame is sufficiently protected by a very narrowly-drawn religious exemption in the mandate — that pro-life legal groups say does not apply to every religious entity. Then, a three-judge panel from the 7th Circuit Court of Appeals upheld the decision on a 2-1 vote.

In appealing that decision, the University of Notre Dame brought its request to the Supreme Court — saying the lower court decision made it the only nonprofit religious ministry in the nation without protection from the HHS mandate. The Supreme Court’s ruling today vacates the entire lower court decision forcing Notre Dame to comply and the 7th Circuit must now review its decision taking into consideration the entire Hobby Lobby case upholding that company’s right to not be forced into compliance.

The Obama administration has relied heavily on that lower court decision in other courts around the country, arguing that it should be able to impose similar burdens on religious ministries like the Little Sisters of the Poor.

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As The Becket Fund, a legal group supporting Notre Dame, informs LifeNews, 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 the Becket Fund for Religious Liberty, 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.”

He said University of Notre Dame’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.

According to Rienzi, 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.

A December 2013 Rasmussen Reports poll shows Americans disagree with forcing companies like Hobby Lobby to obey the mandate.

“Half of voters now oppose a government requirement that employers provide health insurance with free contraceptives for their female employees,” Rasmussen reports.

The poll found: “The latest Rasmussen Reports national telephone survey finds that 38% of Likely U.S. Voters still believe businesses should be required by law to provide health insurance that covers all government-approved contraceptives for women without co-payments or other charges to the patient.

Fifty-one percent (51%) disagree and say employers should not be required to provide health insurance with this type of coverage. Eleven percent (11%) are not sure.”

Another recent poll found 59 percent of Americans disagree with the mandate.