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