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Fed Judge Dismisses Catholic-Owned Company’s Lawsuit Against Obama’s Contraceptive Mandate

Oct. 1, 2012 10:00pm Billy Hallowell

Fed Judge Dismisses Hercules Industries Lawsuit Against Obamas Contraceptive Mandate

Photo Credit: FILE

The debate over the Obama administration’s controversial contraception mandate forges on, as individual cases are being waged in courtrooms across America. As TheBlaze reported in July, Catholic-owned employer Hercules Industries won a temporary halt of enforcement against the controversial mandate. While this is the case, a separate company has now lost a similar — and arguably — a more pronounced battle against the Obama administration.

On Friday, a decision was granted in a Missouri federal court that will do anything but excite religious conservatives. Judge Carol E. Jackson, who was appointed by President George H. W. Bush, found that the requirement that all employers provide contraception free-of-charge doesn’t infringe upon O’Brien Industrial Holdings, the business at the center of the court battle, and its rights to religious exercise.

The lawsuit unsuccessfully argued that the company was being forced to either violate conscience or refrain from participating and face crippling fines. The Associated Press has more about the case, which is one of nearly three dozen being waged against the federal government (read the ruling in its entirety here):

The lawsuit filed on behalf of Frank O’Brien and his company, O’Brien Industrial Holdings LLC of St. Louis, challenges the constitutionality of regulations in the health care law. Among other things, O’Brien, a devout Catholic, claimed the requirement that workplace health plans cover birth control infringes on his religious beliefs.

U.S. District Judge Carole Jackson, in a ruling late Friday, disagreed.

“This Court rejects the proposition that requiring indirect financial support of a practice, from which plaintiff himself abstains according to his religious principles, constitutes a substantial burden on plaintiff’s religious exercise,” Jackson wrote.

US President Barack Obama speaks in the East Room of the White House on June 28, 2012 in Washington, DC. Obama addresed the decision by the US Supreme Court to uphold health care reforms. (Photo Credit: AFP/Getty Images)

On Monday, an appeal was filed by Frank Manion of the American Center for Law and Justice (ACLJ). While a new court heating may be granted, the implications of this decision could be grand, especially considering that this case differs greatly from the Hercules Industries undertaking.

In the aforementioned case, the injunction was temporary and the federal government has appealed — the future of which is still unknown. In the new case waged by O’Brien Industrial Holdings LLC, the judge upheld the mandate indefinitely (this, of course, could change upon appeal).

Interestingly, Hobby Lobby, the popular craft-store chain, made similar arguments in a lawsuit the company filed against the contraceptive mandate last month. Rather than taking issue with birth control, Hobby Lobby’s main concern is with the morning after pill and related drugs. The store chain filed its lawsuit in the U.S. District Court for the Western District of Oklahoma.

(H/T: Religion Clause)

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Related:

In CONTROL, Glenn Beck presents a passionate, fact-based case for guns that reveals why gun control isn’t really about controlling guns at all; it’s about controlling us. Find out more HERE.

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Comments (78)

TheePolitinator
Posted on October 2, 2012 at 8:19am
What? more corrupt judges? no way.

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LarryMunn
Posted on October 2, 2012 at 6:32am
The answer to all this is simple, Atlas Shrugged !

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scuffy
Posted on October 2, 2012 at 3:47am
I do hate all judges I hate obummer and I hate paying for some whores condoms birth control pills. I don’t like phillyatheist, enicnom such morons !!!

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- yancie03
  Posted on October 2, 2012 at 7:04am
  This shows that all these judges are laying in the OblameO bed.
  
  Report this comment
LB
Posted on October 2, 2012 at 2:56am
Oh….it’s ok for muslims to be able to wear the headscarf or burka where they want, pray during the day, foot baths on campus etc… but a private company cannot decline wanting to pay for someone elses birth control or morning after pill. The world is upside down. Time to flip it right side up. Romney/Ryan 2012.

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- Gregb
  Posted on October 2, 2012 at 7:39am
  muslims are exempt from obamacare
  
  Report this comment
katiefrankie
Posted on October 2, 2012 at 2:05am
What boggles my mind is that liberals are screaming for the government to get out of their bedrooms, but expect them (er, all of us) to pay for what goes on in there….

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- KingCoal59
  Posted on October 2, 2012 at 10:59am
  Exactly very well said.
  
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- LIBERTARIAN T38
  Posted on October 2, 2012 at 5:19pm
  Exactly…liberalism makes sense when you’re a college student or a resident of big liberal city, surrounded by nothing but liberals and liberal information…or drunk at a party. Otherwise, when you step back and think about it, not so much. My children make similar nonsensical but heated arguments often involving screaming and name calling. What can you do? They’re just wrong.
  
  Report this comment
thegreatcarnac
Posted on October 2, 2012 at 12:32am
I hate liberals. I hate most judges because they are liberal . I hate federal judges. One day…..when things are set right…..judges will be “questioned ” and “removed”.

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Chancellor
Posted on October 2, 2012 at 12:17am
Shut down your businesses before your God!

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- autumnmorning
  Posted on October 2, 2012 at 11:25am
  GREAT Idea, we will let these Businesses (Faith Oriented ) close there doors and put another 10 million on WELFARE and the GOP will be no more!!!! GREAT IDEA !!!
  
  Report this comment
Chancellor
Posted on October 2, 2012 at 12:15am
I am a very Successful in the USA and the world for that matter. Every military in world, that can afford it, uses my products.

But in 08 I moved all my headquarters out of the U.S. to a better place for just such reasons. Before I would sell my soul to the devil I would close the business and put them all out of work or move it out.

How stupid can these people be???? Make my company pay for Contraception because these weman can’t or won’t keep they’re legs shut or buy a few condums??? Soon you will all own a GM product…….whether you want it or not!

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SOUNDTHETRUMPET
Posted on October 1, 2012 at 11:31pm
Another anti Constitution communist judge and now 5 of them on the Supreme Court

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- Obama_Forward_Over_The_Cliff
  Posted on October 1, 2012 at 11:59pm
  There is only ONE solution to this anti-freedom infestation in America.
  
  Tell’em, Han:
  “Bring ‘em on! I’d prefer a straight fight to all this sneekin’ around!”
  
  Report this comment
- pdw
  Posted on October 2, 2012 at 12:21am
  Now we know why they want their puppets appointed as Judges so they can do what no judge is allowed to do by law. They are to interpret the law not make laws. So according to the Constitution they should have to be removed but they are there for life even if they are brain dead as they are already.
  
  Report this comment
The Giver
Posted on October 1, 2012 at 11:27pm
Maybe you don’t realize that conservatives can focus on several issues at one time. You might be a one trick pony.
@ PHILLY- yes, many standing for LIFE are “religious”and that’s great… but not all. SCIENCE (through sonograms) now reveals a heartbeat at 6 weeks. Brainwaves at 18 days? Why should employers continue to be pushed into how they should run their businesses and the benefits they provide? It’s no longer your business if you accept this. You were an unborn child that had a chance to live and write against life. When Roe vs Wade passed, technology was picking up the heartbeat at 4months or later? Do atheists not put more importance on what is tangible? Check out the real abortion videos on YouTube. If “religious zealots” or anyone else have a business, they have a right to run it the best way they see fit. You have a right not to work for them. If they provide any health insurance at all, that’s better than many employers that don’t provide any.

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- LIBERTARIAN T38
  Posted on October 2, 2012 at 12:02am
  Giver, why argue with idiots? Look at the economy and ask yourself, how the hell could anyone still support Obama? They are insane. Actually, save youself the effort and ignore them…this economy isn’t even half as bad as Obama wants…some people are refusing to take the handouts and insist on taking care of themselves…
  
  Meanwhile, back at the ranch, Obama has not ONE thing to run on except hate. He and his Marxist Posse had absolute (fillibuster-proof) power for 2 years and it’s still Bush’s fault. It’s actually funny to watch people argue for more insanity. MORE unemployment! MORE welfare! MORE disability! MORE hatred of Christians! More fascist power for the executive branch! LESS freedom! MORE taxes on the 287 people still working in America! NO immigration laws for people of a certain non-white race! LESS taxation for GE! HELP Buffet get richer! I’m getting signs ready for the next Obama rally here…
  
  Liberalism is a mental disorder. BTW, anyone been to Drudge today to see how things are going in Europe, Obama’s economic wundermodel? Seems everyone in the UK is suffering from depression (and on disability) and France’s newly insane government is (I’m laughing) paying for abortions 100%. The Muslim invaders are dumbfounded…why didn’t they think of that? Kill the Westerners before they’re born with their own money! Brilliant! Socialist brilliance! More Obama! Less America!
  
  In other news, Greece and Spain continue to burn as welfare recipients refuse
  
  Report this comment
WINNEBAGOMAN
Posted on October 1, 2012 at 11:12pm
A free American will know this:

Congress shall pass no law…

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- taxpro4u03
  Posted on October 2, 2012 at 7:37am
  That’s part of the problem. We, as a People, must go to the ROOT of law itself – and how it impacts what we THINK we know, and are taught to ‘believe is correct.’ This comes from public edjukashun, by and large. These ‘laws’ (statutory authority) come out of what is known as ‘Public Policy,’ which found its’ origins under FDR’s administrationS: Public Policy is… CORPORATE policy – which comes out of…. the SECOND Organic Acts of 1871/74 — They have nothing to do with what we falsely believe come out of the Republic’s Constitution of 1791. IF one ‘runs a business’ within the confines stemming from a Corporate Constitution, one ‘implicitly agrees’ to the terms and conditions of that CONTRACT, albeit via deceit. Here is where Affordable Care Act comes into play; the business agreed to those terms and conditions when it filed it’s ‘Limited Liability’ charter with the CORPORATE Secretary of State it registered in, so it MUST ‘comply’ with the mandates that come out of the Mother Corporation, Corp USA. One isn’t REQUIRED to run a business that way… but it appears for the last 150 years or so that’s what we’re ‘taught.’ Ask yourself what the definition of ‘license’ is AT LAW, and why, prior to 1933 there weren’t so many of them…. – ‘Progressive’ generational burying of the phrase, ‘freedom and the exercise thereof’ is….. enlightening. Why would one need permission from Mom and Dad to do that which one is free to do in the first place, so lo
  
  Report this comment
- WINNEBAGOMAN
  Posted on October 6, 2012 at 12:16pm
  So… You agree with my assertion? Or you’re against it?
  
  Your post makes you sound like one of them. Here’s what I know:
  
  “A moral civilization has no need for laws. An immoral civilization cannot enforce laws.”
  
  -Author unknown
  
  Report this comment
Delores at CH WV
Posted on October 1, 2012 at 11:11pm
Religous Freedom; Traider to the US Constitution, John Roberts needs to suffer shunning from the citizens for all he has done his country.

My Medicare deductible for 2013 changed from $5,000 to $10,000. Also, they increased the drug deductibles and reduced the amount Out of Pocket limitations in the tiers so that you will reach the Doughnut hole faster where you pay 67%or more for one drug., and you are on multiple drugs Why have Medicare? when you spend your entire SSA Check paying all the doctors, blood tests, xrays out of your pocket? They kill you off because you can’t afford drugs, tests, or food to keep you alive until you meet this $5,000 increase. Healthy living went out the door with those liars Bo and Mo can into our everyday lives.

How many seniors can afford to pay that first $10,000 before you can get any plan services paid when you receive less than $17,000 a year if you are lucky. You can’t even get help with Medicaid unless your check is less than $10,000 a year. Seniors who have Medicare are stuck with these policies that limit our care and drugs while taking our entire check paying medical bills. And, this is a plan?????? A pox on AARP for selling the seniors out with these policies that only help them put more money in DNC to buy votes for those who want to destroy the USA.

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- LIBERTARIAN T38
  Posted on October 2, 2012 at 12:09am
  Um, Delores, you know the White House has people monitoring this site, don’t you? Encicom has already reported you. You might have an accident if you continue to complain about your wonderful government. It’ll be hard to type with broken arms, won’t it? Move along and be a good comerade. Dear Leader will have more flexibility with dissenters like you after he’s re-elected don’tcha know?
  
  Report this comment
Tigress1
Posted on October 1, 2012 at 11:11pm
I dare this judge to rule this way against a Muslim company.

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- sunstreakedred
  Posted on October 1, 2012 at 11:21pm
  Muslims are completely exempt from the entire bill.
  
  Report this comment
- LIBERTARIAN T38
  Posted on October 2, 2012 at 12:14am
  Aren’t Muslims exempt from everything?
  
  Report this comment
LoveBringsTruth
Posted on October 1, 2012 at 11:04pm
Well one good this is Bush is going to burn in hell.

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tommy4may
Posted on October 1, 2012 at 10:42pm
Girlie, please assume the Role of The Woman[not female role] . Be a model of your life after Sect Rice, Ann Romney or Sarah Palin, not Flukies’, Sebelius’ and Jarrits. Don’t be a man-hater like Hillary.
The Obama re-election campaign is offering this e-card to supporters as a way to encourage support of the President.

With real unemployment over 11%, $16 trillion in debt and a foreign policy strategy in tatters, are American women concerned about subsidies for birth control?

Personally, I am worried about the freedoms my daughter will not have as a result of government intrusion into all areas of our lives!
We know every life is precious — and so is every vote on Nov. 6! So why not commit to help other pro-life Americans register to vote? Find all the FREE resources you need at http://www.Commit2Vote2012.com!

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- freedomnetworker
  Posted on October 1, 2012 at 11:04pm
  This quick video says it all.. We should be showing this in all colleges and schools: http://youtu.be/ceVBroKj6W4
  
  Report this comment
Prosecute_Constitutional_Treason_In_Washington
Posted on October 1, 2012 at 10:27pm
Satan influences and leads this world. Obummer and his DC gang are instruments under satans power. This is verified by the anti God laws coming out of DC. Im my opinion we have entered the end of times. This may be several decades but the end of times has begun.
Voters have entered God’s judgement upon America for voting in evil, vile, and wicked leaders. Now everyone will suffer and be slowly crushed and destroyed in many ways.

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- encinom
  Posted on October 1, 2012 at 11:05pm
  Statan has nothing to with it, Judges are appling the laws of the United States, not the bible. You fail to understand that we are a democratic, secular republic, not a Christian theocracy. Christians like yourself are unable to live in a free republic, you need to be enslaved to bronze age myths. Jefferson should you the way to freedom, the cost was to cast off your supersitions. A cost that appears to be too high for you.
  
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- 13th Imam
  Posted on October 1, 2012 at 11:10pm
  Who the hell is Statan?
  
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- LIBERTARIAN T38
  Posted on October 2, 2012 at 12:13am
  LOL! Didn’t Staten play for Detroit in the late 60s?
  
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PutMoreOnMyPlate
Posted on October 1, 2012 at 10:27pm
Render to Caesar what is Caesar, never render to Caesar what is God’s. Freedom has turned into tyranny and if you don’t see it, you soon will. Either that or you will willingly submit everything you have, body, mind and soul to the people that only care about their agendas and not yours. All so that you don’t “offend” anyone and you can prove to everyone how much you can conform to the system. You are being molded. You are being warned. I just pray something breaks this cycle before people get too far gone to talk to. I will not fight for a system that preys on the weak.

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- ThoreauHD
  Posted on October 1, 2012 at 10:34pm
  Well said.
  
  Report this comment
Biff_Poindexter
Posted on October 1, 2012 at 10:26pm
How come petty issues like this is what makes people get their panties in a bunch and talk revolution…but the fact that Obama has a kill list which gives him the power to kill US Citizens with no due process–but not a peep from these so-called Conservatives…perhaps because they plan to use that same power once their side gets in office…

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- joleary
  Posted on October 1, 2012 at 10:37pm
  Everything matters!!!
  
  Report this comment
- QuincySmith
  Posted on October 1, 2012 at 10:40pm
  biff;
  
  If loosing your freedom doesn’t get your panties in a bunch, then you are too far gone to worry about.
  
  Report this comment
- progressiveslayer
  Posted on October 1, 2012 at 10:47pm
  Apparently the first amendment is dead,at least to this judge who obviously doesn’t understand the first amendment.An appeal is in order here and maybe they can get a judge who understands the constitution and we still have freedom of religion in this country,at least until they totally trash the constitution.
  
  Report this comment
- progressiveslayer
  Posted on October 1, 2012 at 10:52pm
  It never ceases to amaze me that people willingly give up their rights.The kill list is unconstitutional but this government hasn’t followed the constitution for over a century and they never will.They will however kill it off completely one day and the people won’t even know it.We’ll live under a tyrannical dictatorship.
  
  Report this comment
- Biff_Poindexter
  Posted on October 1, 2012 at 10:54pm
  @Quincy
  
  Let me see, have some declare me an enemy combatant and kill me and my son with no trial OR have an employer’s insurance plan cover contraceptives for their employee? Hmmmm, I just cant decide which is worse??
  
  Newsflash, alot of these people who are so outraged now were previously covering this very thing…but poutrage is fun..I will remain focused on the major things…and I find it funny you did not address the kill list in your reply….says alot…
  
  Report this comment
- encinom
  Posted on October 1, 2012 at 11:11pm
  progressiveslayer
  Posted on October 1, 2012 at 10:47pm
  Apparently the first amendment is dead,at least to this judge who obviously doesn’t understand the first amendment.
  ——————————-
  The First Amendment is not dead, tell me the last time you saw a corporation or business in a confessional both? A Company’s only purpose is to turn a profit, it has no soul. Christians do not have special rights, their First Amendment rights do not override the rights of others. No body is infring anyone right to worship. This is a labor issue, an employer is looking for a religious exemption to avoid treating his female employees equally.
  
  Report this comment
- LIBERTARIAN T38
  Posted on October 1, 2012 at 11:44pm
  Encicom, you are hilarious!
  
  Report this comment
- objectivetruth
  Posted on October 2, 2012 at 9:53am
  @encinom
  The simply solution for everyone would be to offer a rider that is obtained and paid for by the employee.This way the employer isn’t required to pay for something that they don’t believe in and the women still have equal rights under labor law.Maybe they don’t offer riders for that though.Why they wouldn’t is beyond me though.We have them for cancer and other such conditions.Why not have them for contraception exc.This way everyone has the choice.No one is stuck paying for something they don’t believe in or have use of.
  I’ll tell you why.No one seems to want a solution.All they want to do is bitch and moan.
  
  Report this comment
PaxInVeritate
Posted on October 1, 2012 at 10:20pm
When it comes to enforcement by the governments of intrinsic evils… non-complience is the only option.

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NewLife24
Posted on October 1, 2012 at 10:19pm
God will win. Obama is in dangerous territory.

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- Biff_Poindexter
  Posted on October 1, 2012 at 10:29pm
  haha @ God will win….ok, so Obama is basically on the side of evil and Romney is backed by God..gotcha….so when this pathetic dynamic was trotted out four years ago and God was on McCain’s side—Obama won why? Oh i remember, it was God teaching us a lesson…got it!
  
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- weskets
  Posted on October 1, 2012 at 10:58pm
  God will win, but do not expect him to step into the elections. No Obama is a Progressive Democrat, John McCain is a Progressive Republican. Both parties are playing us for fools, they only look out for themselves. Romney, well he is a better choice than another 4 years of Obama. Just barely a better choice, is he a Progressive? teetering on the edge I think, depends if he can profit from it probably.
  
  Either way, I am excited about voting this election, I want to FIRE the failed leader wanna-be in office now, even if it just because my vote will cancel the vote of these kool-aid drinking trolls on here.
  
  Speaking of trolls, do NOT respond to them, they get paid every time they post, if you respond, then they have a reason to post again. This means you are helping them earn a living.
  
  Report this comment
- italy2007
  Posted on October 2, 2012 at 6:16am
  That’s what the people of Russia and all other communist nations must have thought during the 20th century. God gives us the free will to live in a free society
  
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bdandsl
Posted on October 1, 2012 at 10:18pm
Amazing how many of those ‘in charge’ are constitutionaly ignorant.

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glckgrl
Posted on October 1, 2012 at 10:12pm
So this issue is ripe for the Supreme Court, since the circuits have different rulings on this topic. Maybe justice will prevail for religious freedom here, even though they blew it with the “health tax”.

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Libermerican
Posted on October 1, 2012 at 10:12pm
I’m getting sick and tired of these judges ignoring the constitution, ignoring the people, and ignoring common sense. They abuse their authority in favor of their personal values. Yet another example how our current form of government has failed.

It reminds me of the Will Smith movie: “I, Robot”, when the climax of the movie, with the revealing line: “The three laws are perfect. The three laws will lead to only one logical conclusion. Revolution.”

Are we there yet?

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- phillyatheist
  Posted on October 1, 2012 at 10:27pm
  what’s the name of your militia? i’d like to alert the authorities.
  
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- LIBERTARIAN T38
  Posted on October 1, 2012 at 11:46pm
  Philly, in your last life you were a collaorator in France circa 1942, no?
  
  Report this comment
Biff_Poindexter
Posted on October 1, 2012 at 10:08pm
So ummm, Judge Jackson is a progressive? Ok…

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cookcountypatriot
Posted on October 1, 2012 at 10:05pm
all small buisnesses should band together and just say no….these judges do the bidding for the progressives…soooooooo just say no…enough people band together to shut out progressive policys then progressive policys wont exist…its we the people…not they the judges…eff em

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- Prosecute_Constitutional_Treason_In_Washington
  Posted on October 1, 2012 at 10:19pm
  Judges are no longer moral and just. Justice is evil, wicked, and vile judgements created by law and enforced by judges. When the judges can not distribute justice, the people are no longer free and the system is corrupted. America is corrupt and Christians only choice is a revolution. Preachers are no where to be found. Pastors have disgraced God with their failure to stand and voice the teachings of God against such wicked leaders. The silence in the pulpits is shameful. Pastors are CEO’s of 501C3 corporations not allowed to speak out or they risk tax exempt status. I know you think I am on a rabbit trail, but if pastors had been a voice against evil, the gov. would not be filled with marxist liberals like obummer. Christians are the majority, but pastors have not taught the people to vote against sin.
  
  Report this comment
- phillyatheist
  Posted on October 1, 2012 at 10:19pm
  so you’re advocating breaking the law? you’re no Patriot, you’re a criminal. or at least you have criminal intentions.
- WarMunger_Al
  Posted on October 1, 2012 at 10:52pm
  Philly-
  So what you are saying is if they pass a law that you have to pray to God, you will gladly comply?
  
  Report this comment
- encinom
  Posted on October 1, 2012 at 11:02pm
  @Prosecute_Constitutional_Treason_In_Washington
  
  Judges are following the law of the United States, not the bible. The bible is not a law book and we are not a Theocracy. Your religion and your beliefs have no place in a court of law or in law books. The Nation is finally living by the 1st Amendment and Conervative Christians, like yourself are freaking out cause you no longer occupy a special place dictating what is and is not moral based on your bronze age myths.
  
  Report this comment
- Quagaar Warrior
  Posted on October 2, 2012 at 12:10am
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  Touche, WARMUNGER_AL,
  Hypocrites like phillyathiest & encinom will be the first cowards to run and hide when the very govt., that they originally supported, comes to take them away for exercising their constitutional rights to believe or NOT to believe.
  The phrase, “There are no athiests in foxholes”, is so true because when it comes to actually facing their own mortality, athiests are the biggest cowards there are!
  When an athiest condones the government’s actions for suppressing our 1st ammendment rights to express our religious beliefs, he is also condoning the demise of his own rights to express his non-beliefs. Only a fool or a truly anti-American, anti-Constitutional, Marxist coward would knowingly do that.
  I wonder which phillyathiest & encinom is!
  P.S. The very first right protected in the 1st ammendment to our Constitution reads, “Congress shall make no law respecting an establishment of religion, “OR PROHIBITING THE FREE EXERCISE THEREOF;”!!!
  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  
  Report this comment
- encinom
  Posted on October 2, 2012 at 7:49am
  A Business doesn’t have a soul, a business doesn’t go to church, doesn’t pray, its only concern in profit. A Business can not have its religous freedoms violated, it has none.
  
  Report this comment

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