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HHS mandate means ‘ongoing, comprehensive government surveillance’: two new colleges sue

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Ben Johnson
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ALEXANDRIA, LOUISIANA, February 20, 2012 (LifeSiteNews.com) – The impending requirement that religious institutions provide abortifacient drugs not only violates their consciences, but favors some religions over others and would require “ongoing, comprehensive government surveillance” of private institutions’ religious beliefs, a new lawsuit filed against the Obama administration states.

Two more Christian colleges stand poised to introduce litigation against the mandate being implemented by the Department of Health and Human Services as part of the health care reform law.

Louisiana College, which is associated with the Southern Baptist Convention, describes itself as “a private Baptist co-educational college of liberal arts” with a “dedication to academic excellence to the glory of God.” Its doctrinal statement declares everyone associated with the college “should contend for the sanctity of human life from conception to natural death.”

“They’re really concerned about the requirement that they would cover drugs that are abortifacients. That violates their sincerely held belief to protect life at all stages, even at the embryonic stage,” Kevin Theriot, senior counsel with the Alliance Defense Fund, told LifeSiteNews.com.

(Click “like” if you want to end abortion! )

The college’s legal complaint is a scalding indictment of the requirement that it provide services that deeply offend the its moral and ethical sensibilities.

“The Mandate coerces LC to change or violate its religious beliefs,” it states. The defendants – which include HHS Secretary Kathleen Sebelius, Labor Secretary Hilda Solis, Treasury Secretary Tim Geithner and their respective departments – “promulgated both the Mandate and the religious exemption in order to suppress the religious exercise of LC and others,” the suit states.

The college’s lawyers say the college will face substantial financial penalties if it does not provide services its leadership considers sinful, because it does not fit the administration’s narrow definition of a “religious institution.” They insist the president’s “accommodation” offers them no remedy, because it is “entirely fictitious. It does not exist in the rule or guidance President Obama enacted on February 10, and it need never be formally proposed or adopted.”

Instead, they contend the bill requires the government to ”analyze the content of LC’s religious belief requiring ongoing, comprehensive government surveillance that impermissibly entangles Defendants with religion.”

And it “distinguishes among religions and denominations, favoring some over others” – namely favoring those faiths or sects that do not object to abortion.

“The Obama administration has purposely transformed a non-existent problem – access to contraception – into a constitutional crisis,” said Mike Johnson, dean of Louisiana College’s Pressler School of Law, who is acting as co-counsel on this case. “This mandate offers no choice; Americans either comply and abandon their convictions or resist and be punished.”

The lawsuit says the law violates the Religious Freedom Restoration Act, and the First and Fifth Amendments to the Constitution.

“There’s absolutely no reason for them to include these religious organizations in the way that they have,” Theriot told LifeSiteNews.

“Part of the mandate it to include counseling including these abortifacients, and that’s forced speech which violates the school’s free speech rights,” Theriot said.

Compelled speech has been cited in cases that struck down statutes in New York City and Baltimore that sought to compel crisis pregnancy centers to post signs outside their facilities, telling women they do not provide abortions.

Samuel B. Casey of the Law of Life Project explained to LifeSiteNews.com in that context that the First Amendment means the government cannot “make a private citizen speak the government’s message.”

“It doesn’t matter what the message is,” he said. “What matters is that it’s the government’s message.” 

“They have multiple constitutional protections,” Theriot said about his client, “and we’re very confident that the court will recognize that, and will say that the Obama administration’s attempt to trample on religious freedom in this instance is not justified.”

Tomorrow, the Baptist institution will be followed into court by Geneva College, an institution of higher learning in the Reformed tradition, based in Beaver Falls, Pennsylvania.

“At Geneva College, we only have one Lord, and he does not live in Washington, D.C.,” said college president Ken Smith. He called the mandate to purchase abortion-inducing drugs “abhorrent and unacceptable.”

The Alliance Defense Fund is handling both cases.

ADF Senior Counsel Gregory S. Baylor said, “People of faith shouldn’t be punished by the state for following that faith in making decisions for themselves or their organizations. Every American should know that a government with the power to do this to anyone can do this, and worse, to everyone.”

Louisiana and Geneva join at least two other faith-based universities in challenging the mandate.

Colorado Christian University has filed suit against the mandate, as has Belmont Abbey College, which is affiliated with a Benedictine monastery in North Carolina.

The Obama administration asked a federal court to delay ruling on Belmont’s lawsuit, stating the final rule has not yet been offered and may differ from current proposals.

The attorneys general of 12 states are prepared to file a lawsuit in a matter of weeks against the rule.

Michigan Attorney General Bill Schuette has already filed an amicus brief with the Becket Fund for Religious Liberty, which is representing three institutions in the legal battle over the HHS mandate.

Priests for Life, and the Eternal Word Television Network (EWTN) have also filed suit against the mandate, saying the accommodation is insufficient and remains a burdensome and unnecessary violation of their First Amendment freedom of religion.

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'Don’t ever say ‘yes’ to that. It’s terrible,' said Robertson.
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Phil Robertson: Never vote for politicians who support ‘ripping human fetuses’ from mom’s womb

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By John Jalsevac

Phil Robertson is known for not pulling any punches when it comes to expressing his opinions on controversial issues, and he certainly didn’t disappoint at the Outdoor Extravaganza in Louisiana earlier this month.

Speaking to a massive crowd of some 8,000 outdoors enthusiasts at the CenturyLink Center, Robertson blasted Christians for not getting active in the political sphere.

“There are about 90 to 100 million of us who claim Jesus. The problem is only half of you register to vote and out of the half of you that registers to vote, only half of that group actually goes and votes,” Robertson said, according to the ShrevePort Times.

“Therefore, when you’re looking up there and griping and complaining about what you see in Washington D.C., you might as well shut up,” he added. “The reason they’re there is we’re putting them there. If you don’t get anything else out of this, remember this — register to vote for crying out loud.”

But Robertson reserved his strongest remarks for politicians who support abortion.

“If the dude or woman is for ripping human fetuses out of their mother’s womb, don’t ever vote for that,” Robertson said bluntly. “Don’t ever say ‘yes’ to that. It’s terrible.”

Click "like" if you are PRO-LIFE!

Robertson also lamented the increasing secularization of the United States.  

“We’ve lost it folks,” he told the crowd. “We ran God out of our schools. We ran him out of the entertainment business. We ran him out of the news media. We’ve run him out of the judiciary, and we’ve run him out of Washington D.C.

“Well, what you get is what is left up there. They’re ungodly. You agree?”

Ever since A&E’s Duck Dynasty became the most popular reality show in TV history, members of the Robertson family have earned a name as unapologetic defenders of traditional Christian values.

At the Outdoor Extravaganza, Phil was accompanied by his wife, Miss Kay, and eldest son Alan, who also addressed the crowds. 

Phil’s blunt deliveries have occasionally landed him in hot water – most memorably when he addressed the topic of homosexuality in an interview with GQ magazine, earning him a short-lived suspension from his TV show by A&E.

But Robertson refused to apologize for the remarks despite intense pressure from homosexual activists and leftist groups.

“They railed against me for giving them the truth about their sins,” Robertson later said about the response to his GQ interview, pointing out that in the interview he had simply quoted Scriptural prohibitions against homosexuality and a variety of other sins.

"The news media didn't even know it was a verse," Robertson said. "They thought I was just mouthing off."

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Four Indiana abortionists could lose their licenses over reporting violations

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By Ben Johnson

The attorney general of Indiana, Greg Zoeller, has asked a state board to review the medical licenses of four abortionists, including an out-of-state abortionist who failed to report two cases of statutory rape.

The Indiana Medical Licensing Board will review the cases of Dr. Ulrich “George” Klopfer, Dr. Resad Pasic, Dr. Kathleen Glover, and Dr. Raymond Robinson.

A press release from the attorney general's office called Klopfer's “the most egregious complaint.” Klopfer, who lives in Crete, Illinois, failed to report abortions of two 13-year-olds – one at his Women’s Pavilion abortion facility in South Bend and another in his office in Gary.

All abortions must be reported to the Indiana State Department of Health, and abortions performed on minors younger than 14 must also be reported to the Indiana Department of Child Services within three days. Under state law, children under the age of 14 are incapable of consenting to sex, so any sexual relationship with them is considered likely statutory rape.

Klopfer reported the two abortions 116 days and 206 days afterwards, something he described as “an honest mistake.” Klopfer faces a misdemeanor criminal charge in both Lake and St. Joseph county in connection with those allegations.

Every single one of the 1,818 abortion reports Klopfer turned in to state authorities between July 2012 and November 2013 was false or incomplete, Zoeller says. The doctor often omitted the father's name and had a habit of listing the date of every abortion at 88 weeks gestation.

The abortionist is also charged with 13 violations of the state's informed consent law.

“The pending criminal charges brought by county prosecutors along with the sheer volume of unexplained violations...merits review by the Medical Licensing Board to determine whether disciplinary action is warranted,” Zoeller said.

The other three abortionists work at the Clinic for Women in the Indianapolis area. According to a press release from the state attorney general's office, they “are in alleged violation of similar record-keeping and advice and consent laws regarding abortion procedures,” but they face no criminal charges.

The allegations were collected and submitted by Indiana Right to Life, which combed through Klopfer's records. “Our legislators passed laws regarding consent and record keeping to ensure high standards of quality and care for Hoosier women,” Indiana Right to Life President and CEO, Mike Fichter, said. “We're disappointed that these abortion doctors apparently did not willingly comply with Indiana law. We hope the Medical Licensing Board immediately schedules hearings.”

“If found guilty, we believe the abortion doctors should be fined and their licenses to practice in Indiana should be revoked," he added.

Click "like" if you are PRO-LIFE!

His views were shared by national pro-life leaders. “We are encouraged by the filing of these Administrative Complaints today and urge the Board to revoke Ulrich Klopfer’s medical license due to the fact that he placed young girls in serious risk of continued rape and other abuse by neglecting to report,” said Troy Newman, President of Operation Rescue. “Each of these abortionist require stiff discipline in order to impress it upon others that laws are meant to be followed and that they are not above it.”

Zoeller's complaint did not mention a third abortion of a 13-year-old that Klopfer reported after the legal date. The abortion took place in Fort Wayne in February 2012, but he did not report the procedure until July. Police subsequently filed two charges of child molestation against Ronte Lequan Latham, who was then 19-year-old.

Tensions this produced with another physician in his Fort Wayne office led to the first abortion facility closure of 2014.

The epidemic of underreporting presumed statutory rape is not limited to Klopfer. Between 58 and 75 percent of abortions performed on Indiana girls under the age of 14 were not reported in accordance with the law, according to an investigation by Amanda Gray of the South Bend Tribune.

Klopfer had a history of run-ins with authorities. In 2010 and 2012, state inspectors found that he allowed the bodies of aborted babies to be stored in a refrigerator alongside medicine the office gave to women who came in for the procedure.

The board has not yet set a date to hear evidence and make a judgment about their fitness to practice. If the board objects, it could respond by issuing a reprimand, suspending a license, or revoking the abortionists' medical license and imposing fines.

The accused may continue performing abortions until the board makes a final decision. 

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President Obama speaks at Planned Parenthood's national conference in 2013.
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Obama remakes the nation’s courts in his image

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By Dustin Siggins
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It has often been said that the Affordable Care Act (ACA) is President Obama's greatest achievement as president. However, that claim may soon take second place to his judicial nominees, and especially their effect on marriage in the United States.

In a new graphic, The Daily Signal notes that while President George W. Bush was able to get 50 nominees approved by this time in his second term, Obama has gotten more than 100 approved. According to The Houston Chronicle, "Democratic appointees who hear cases full time now hold a majority of seats on nine of the 13 U.S. Courts of Appeals. When Obama took office, only one of those courts had more full-time judges nominated by a Democrat."

Three of the five judges who struck down state marriage laws between February 2014 and the Supreme Court's Windsor decision in 2013 were Obama appointees, according to a CBS affiliate in the Washington, D.C. area. Likewise, the Windsor majority that overturned the Defense of Marriage Act included two Obama appointees, Justices Sonia Sotomayor and Elena Kagan. Obama has nominated 11 homosexual judges, the most of any president by far, says the National Law Journal.

Only one federal judge has opposed same-sex "marriage" since the Supreme Court's Windsor decision. He was appointed under the Reagan administration.

This accomplishment, aided by the elimination of Senate filibusters on judicial nominees, could affect how laws and regulations are interpreted by various courts, especially as marriage heads to a probable Supreme Court hearing on the constitutionality of state laws.

Democrats eliminated the filibuster for all judicial nominees except for Supreme Court candidates last year, saying Republicans were blocking qualified candidates for the bench. However, the filibuster was part of the reason Democrats were able to keep the number of approved Bush appointees so low.

The Supreme Court may hear multiple marriage questions in its 2015 cycle. 

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