Hobby Lobby Gets 11th Hour Victory Against the Mandate
After landmark 10th Circuit opinion, trial court orders government to halt enforcement
News Release from Becket Fund for Religious Liberty June 28, 2013
WASHINGTON, DC – Today, for the first time, a federal court has ordered the government not to enforce the HHS abortion-drug mandate against Hobby Lobby Stores, Inc. The ruling comes just one day after a dramatic 168-page opinion from the en banc 10th Circuit recognizing that business owners have religious liberty rights. This was the first definitive federal appellate ruling against the HHS mandate.
“Hobby Lobby and the Green family faced the terrible choice of violating their faith or paying massive fines starting this Monday morning,” said Kyle Duncan, General Counsel with the Becket Fund for Religious Liberty, who represents Hobby Lobby. “We are delighted that both the 10th Circuit and the district court have spared them from this unjust burden on their religious freedom.”
In its landmark opinion yesterday, the 10th Circuit majority found that “no one” – not even the government – “disputes the sincerity of Hobby Lobby’s religious beliefs.” The court ruled that denying them the protection of federal law just because they are a profit-making business “would conflict with the Supreme Court’s free exercise precedent.”
Today, following the 10th Circuit ruling, the trial court granted Hobby Lobby a temporary restraining order against the HHS mandate. Further proceedings are scheduled for July 19, 2013, in Oklahoma City.
There are now 60 separate lawsuits challenging the HHS mandate. The Becket Fund led the charge against the unconstitutional HHS mandate. The Becket Fund currently represents: Hobby Lobby, Wheaton College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network, Ave Maria University, and Belmont Abbey College.
The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions—from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law. The Becket Fund recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of “the most important religious liberty cases in a half century.”