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Christian Publishing Company Wins Legal Battle Over Obamacare Contraception Mandate…For Now

Nov. 16, 2012 11:18pm

WASHINGTON (AP) — A federal judge on Friday temporarily prevented the Obama administration from forcing a Christian publishing company to provide its employees with certain contraceptives under the new health care law.

U.S. District Judge Reggie Walton granted a preliminary injunction sought by Tyndale House Publishers, which doesn’t want to provide employees with contraceptives that it equates with abortion.

At issue are contraceptives such as Plan B and IUDs. If a woman already is pregnant, the Plan B pill has no effect. It prevents ovulation or fertilization of an egg, and according to the medical definition, pregnancy doesn’t begin until a fertilized egg implants itself into the wall of the uterus. The Plan B pill may also be able to prevent a fertilized egg from attaching to the uterus. IUDs mainly work by blocking sperm but may also have the same uterus effect. To Tyndale, these methods are not morally different than abortion.

Tyndale, based in Carol Stream, Ill., says it provides its 260 employees with coverage for some contraceptives. The company and its president and CEO, Mark D. Taylor, filed the lawsuit against the Health and Human Services Department last month.

“The contraceptive coverage mandate affirmatively compels the plaintiffs to violate their religious beliefs in order to comply with the law and avoid the sanctions that would be imposed for their noncompliance,” wrote Walton, an appointee of President George W. Bush. He said that if the company doesn’t comply with the mandate, it is subject to government fines and lawsuits.

Walton acknowledged that the government has broad, compelling interests in promoting public health and ensuring that women have equal access to health care, but he said the question “is whether the government has shown that the application of the contraceptive coverage mandate to the plaintiffs furthers those compelling interests,” underlying “to the plaintiffs” in the text. Nothing in Walton’s order applied to anyone other than Tyndale.

Walton said that the government hasn’t offered any proof that mandatory insurance for the specific types of contraceptives that Tyndale objects to furthers the government’s compelling interests.

Walton ordered the parties to appear on a date yet to be determined for arguments on whether to make the injunction permanent.

Matthew S. Bowman, a lawyer for Alliance Defending Freedom, which brought the suit on behalf of Tyndale, said in an email that Bible publishers “should be free to do business according to the book that they publish.”

He added: “The Obama administration is not entitled to disregard religious freedom.”

The Health and Human Service Department declined to comment, citing the ongoing litigation.

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Comments (65)

1 2
  • taintso
    Posted on November 17, 2012 at 12:45pm

    Obama’s free condoms should have printed on every wrapper ‘If you voted for Obama, you are not responsible enough to have safe sex on your own’ this condom provided on the backs of working citizens.

    Report this comment

    taintso  
    • Ghandi was a Republican
      Posted on November 17, 2012 at 2:06pm

      The package should come with a calendar explaining the menstrual cycle and the 5 days a woman can become pregnant. PP and the dept of ed have failed miserably. End them both!

      Report this comment

      Ghandi was a Republican  
    • repairsea
      Posted on November 17, 2012 at 4:19pm

      Actually PP and education have done exactly what the enemy wants. They destroyed the morals of our children. Successfully created a pedophile agenda. And have created generations that have no self control.

      Report this comment

      repairsea  
  • Ghandi was a Republican
    Posted on November 17, 2012 at 12:14pm

    This is what happens with legislation that nobody reads. It should be thrown out on that basis alone. How can it be legal to sign legislation that was voted on before anyone read it? THAT should be one of the legal issues all by itself. Where in the Constitution does it day “Sign legislation without reading it”?
    It goes without saying…

    Report this comment

    Ghandi was a Republican  
  • thegreatcarnac
    Posted on November 17, 2012 at 12:13pm

    I am glad these people beat obama-care. Obama care is a set of legalities meant to completely control the American public. Obama is a dictator-in-waiting. He must be impeached. He is an enemy of the constitution.

    Report this comment

    thegreatcarnac  
  • repairsea
    Posted on November 17, 2012 at 12:08pm

    I wonder if the Obama administration will force those who are Christian to start wearing a golden cross on their clothing to identify them as Christians? Read the rules of war.

    Report this comment

    repairsea  
    • rickc34
      Posted on November 17, 2012 at 10:37pm

      It could happen. Obama and Hitler have the same evil spirit.

      Report this comment

      rickc34  
    • L.B.Stephens
      Posted on November 18, 2012 at 1:53pm

      During WW2, Hitler’s concentration camps required prisoners to wear patches on their shirts for identification. A yellow star for the Jews and purple triangles for JW’s.

      Report this comment

      L.B.Stephens  
  • glassaudioguy
    Posted on November 17, 2012 at 11:16am

    Who wrote this article? The IUD doesn’t block sperm, rather it irritates the uterine lining preventing the fertilized egg from attaching.

    Report this comment

    glassaudioguy  
  • illiterallyliberal
    Posted on November 17, 2012 at 11:13am

    Yeah, keep talking about birth control. Please. Keep living in the 1950s. Lol. You guys are gunna be so sad in 2014.

    Report this comment

    illiterallyliberal  
    • Deeduck
      Posted on November 17, 2012 at 4:31pm

      It was the democrats who made a big deal about offering free birth control and the “war on women” during the election.

      Report this comment

      Deeduck  
    • rickc34
      Posted on November 17, 2012 at 10:53pm

      When the economy tanks and the dems own it we will see. The government will not be able to afford to pay welfare, food stamps, unemployment and social security. Our government has turned anti business with all the regulations. 16 + trillion and climbing. Can you speak Manderin the creditors are coming to collect.

      Report this comment

      rickc34  
  • truthsurfer
    Posted on November 17, 2012 at 11:04am

    I believe justice roberts voted it constitutional the first time knowing it would be back under more issues and the reason being the first time is to take away obamas claim that racist white judges took away ghetto care from the blacks as a campaign issue. Now that the election is over it will be back and declared unconstitutional.

    Report this comment

    truthsurfer  
  • the_truth_or_not
    Posted on November 17, 2012 at 10:21am

    Justice Roberts stretched the Contitutionality of the arguement of “it is a tax/not a tax” as far as it would go. This mandate will end up in the Supreme Court. They have already gave the Administration a 30 day notice to respond. I think the rubberband would be stretched too far trying to keep this part of the legislation. And if it breaks, Obama care is done because there is no seprability clause. In respects to this mandate, we will see if the Supreme Court tramples the Constitution.

    Report this comment

    the_truth_or_not  
  • dlivelli
    Posted on November 17, 2012 at 9:32am

    Good!! Tell this commi to shove it!!!! This guy thinks he can do whatever, whenever and however he wants……well boy…..You got another think commin! Isn’t there a song about that? Thank you Judas Priest……who would have thought that song would ever be more than just a song from the “classic rock” era…? Are we in bigger trouble than we think when Judas Priest become prophetic?

    Report this comment

    dlivelli  
  • RealLiibertarian
    Posted on November 17, 2012 at 9:31am

    How about the religious freedom of the intelligent people who work for this company and don’t believe in bronze age mythology? Where does their freedom to ignore religious belief enter the picture?

    Report this comment

    RealLiibertarian  
    • HowTruthHurts
      Posted on November 17, 2012 at 9:56am

      1) The intelligent people who own the company have the right to uphold their faith and not financially support what contradicts their faith.

      2) The employees who want contraception have the right to pay for it themselves.

      3) Not paying for something is not the same as forbidding it. You aren’t paying for my groceries, but that doesn’t mean you are starving me.

      Report this comment

      HowTruthHurts  
    • the_truth_or_not
      Posted on November 17, 2012 at 10:10am

      Reallib,
      You talk as if Darwinism and evolution are science fact. They are only theories. I find it funny that everytime they found a ‘missing link’ two others would appear. I have another theory, there were multiple races of human like primates. We were the only ones that didnt die off. Now, if one does not like the felosiphies of their employer, there is no contitutional basis in which the employer would be forced to change their beleifs. The workers there have a choice. If it bothers them that bad, they can seek employment somewhere else. Just like I wont work for a satanist. If I find out I am, I am not going to seek a federal injunction, I am going to seek employment with some entity that resembles my beleif’s closer.

      I bounced from job to job 20 in a 15yr period. I remember one person asking me, “Why you going to quit? you will just be miserable in another job.” LOL I now am stable at a company I love and laugh at people that cannot overcome the communist mentality to not seek what they will enjoy because it doesnt exist, or they are already there and comfortable. That is not the U.S. way.

      Report this comment

      the_truth_or_not  
    • BlackCrow
      Posted on November 17, 2012 at 10:11am

      Because you ask those questions before you accept the job. If your employers rules are unacceptable you have the FREEDOM to decline the offer of employment. You say the employers freedom of religion is less important than the employees freedom to have their choice of contraception. I say as long as those contraception are legal and available it is none of the employers business what the employee does. Now if the employee wishes to use a method not covered by insurance then they can pay for it themselves.

      This is the libertarian principal. Maximum freedom with minimum governmental interference, You sir are no libertarian.

      Report this comment

      BlackCrow  
    • RealLiibertarian
      Posted on November 17, 2012 at 2:28pm

      Entirely incorrect, Blackcrow. The difference is that I put the liberty of the individual above the liberty of the group. Government, society, religion, and corporations should have no say in how the individual lives their life.

      Report this comment

      RealLiibertarian  
    • the_truth_or_not
      Posted on November 17, 2012 at 6:51pm

      Entirely incorrect, Blackcrow. The difference is that I put the liberty of the individual above the liberty of the group. Government, society, religion, and corporations should have no say in how the individual lives their life.

      Your arguement is baseless. In the list you just mentioned, one dont belong. that is Gov’t. The rest of your list is private individual citizens who have banded together to form ‘groups’. Now If one works for a religious based oganization, them not providing early term abortion drugs and contraceptives is not them infringing on their employee’s living their lives. Their employee’s just have to purchase it themselves, and the organization would have no say in what they do. Even though Blackcrow came out and indicated there is noone being denied of anything (they can go purchase these items themselves) you come back with the same arguement? Hmmm. Who else does this sound like?

      Report this comment

      the_truth_or_not  
    • RealLiibertarian
      Posted on November 18, 2012 at 7:47am

      Truth, you guys would be hilarious, if you weren’t so stupid. You rant and rail about keeping government out of your lives, about not wanting to be controlled, then turn around and cede all control of your lives to your neighbors. Whether religion or society, you have no problem giving up your freedom when some group claims it is for some nebulous ‘greater good’. You have no problem kowtowing to corporations and Wall Street. How about individual freedom being more important than ANY groups’ want’s or needs? An individual choosing to put birth control or abortion coverage into their insurance plan affects other employees or the employer not at all. Employers, and society in general needs to learn to MIND THEIR OWN BUSINESS, and let others lead their lives however they feel best works for them.

      Report this comment

      RealLiibertarian  
  • Mr_Ditters
    Posted on November 17, 2012 at 9:12am

    Today you can’t be a Catholic (or Christian opposed to early abortions) and run a business without carving out a piece of your soul.

    This mandate is absolutely disgusting. People should be able to own a business and do the good stuff they have always done without the fear that they might go to hell for it.

    I’m amazed more people didn’t care about this issue. If there was any question about how evil and how contrary to America Obama is, this tyrannical mandate cleared it up.

    Report this comment

    Mr_Ditters  
  • blanco5
    Posted on November 17, 2012 at 7:00am

    I smell executive order!!!!

    Report this comment

    blanco5  
  • welloddyfriggindah
    Posted on November 17, 2012 at 6:51am

    These people wil do anything to accomplish the
    Redistribution of Liberty .

    Report this comment

    welloddyfriggindah  
  • kickagrandma
    Posted on November 17, 2012 at 6:43am

    Ordering from Tyndale Publishing today.

    Keep on praying…
    Keep on studying….
    Keep on applying….
    Keep on inhaling….
    Keep on living…
    Keep on believing…
    Keep on trusting… in GOD’S WORD.

    GOD IS FAITHFUL AND JUST!
    HE IS NOT MOCKED.
    HE WILL “VENGE”.

    Report this comment

    kickagrandma  
  • betterpart
    Posted on November 17, 2012 at 5:55am

    The bottom line is that this administration’s only goals are to control, manipulate, and deceive—tactics that were seen 4 years ago to present. As a small business owner, I made sure that certain legalities were in place for my family and employees, protecting them against Obama’s tentacles in the event of his re-election. Those barriers will remain as they are until 4 years have passed and when we’re finally rid of him for good.

    Report this comment

    betterpart  
    • glassaudioguy
      Posted on November 17, 2012 at 11:13am

      Don’t bet on it. He could either become dictator for life, a la Hugo Chavez, or somehow manipulate congress to let him run for a third term. Some pretty bright people are already predicting the latter.

      Report this comment

      glassaudioguy  
  • ClingingtomyGUNS
    Posted on November 17, 2012 at 5:43am

    Let’s see about how the government honors the constitution before Obummercare. 2nd amendment, “right to keep and bear arms”. 1990′s assault gun ban, ANYTHING OTHER THAN ARIZONA’S CONSTITUTIONAL CARRY, 3 day waiting periods. Thinly disguised as “we are only making the world safer”, and they will IGNORE the constitution. They’ve broken the mold, so to say, with Obummercare, so the 1st amendment will be trampled. WELCOME TO VLADIMIR OBAMA’S SOCIALIST STATES OF AMERICA, just don’t feel free to speak your mind, or you will be executed.

    Report this comment

    ClingingtomyGUNS  
    • loriann12
      Posted on November 17, 2012 at 7:04am

      Even though I agreed with the Texans that wanted to secede from the union, I didn’t sign the petition. My radar went up when I was taken to a whitehouse.gov site….they are collecting names to take o u t. They just want the IP addresses of all who disagree with dict ator O bama, so they can remove the threat.

      Report this comment

      loriann12  
    • DadRocked
      Posted on November 17, 2012 at 10:27am

      loriann12 – Interesting timing to the “petitions”, what you said and this: Obama Signs a ‘Secret Directive’ for Military Cybersecurity Operations Posted on 15NOV2012 http://www.theblaze.com/stories/obama-signs-a-secret-directive-for-military-cybersecurity-operations/ The Washington Post quotes sources, unauthorized to go on the record but who have seen the classified information, who said the directive will help officials make quick decisions in the event of a threat:
      “What it does, really for the first time, is it explicitly talks about how we will use cyber-operations,” a senior administration official said. “Network defense is what you’re doing inside your own networks. . . . Cyber-operations is stuff outside that space, and recognizing that you could be doing that for what might be called defensive purposes.”
      “It should enable people to arrive at more effective decisions,” said a second senior administration official. “In that sense, it’s an enormous step forward.”
      The Washington Post reported this Presidential Policy Directive 20, which was signed in October’s National Cybersecurity Month… Further that debate is expected to continue about what a response to a cyberthreat could look like:
      The new policy makes clear that the government will turn first to law enforcement or traditional network defense techniques before asking military cyberwarfare units for help or pursuing other alternatives, sr admin officials

      Report this comment

      DadRocked  
  • Gonzo
    Posted on November 17, 2012 at 4:39am

    Nobody wins anything against this administration. They just regroup and attack from a different angle.

    Report this comment

    Gonzo  
    • Eastinfection
      Posted on November 17, 2012 at 6:56am

      Exactly.. POTUS will just issue an executive order requiring the insurance provider to cough up the “free” contraceptives and then the provider will pass those costs on to the corporation and it’s premium holders.

      Report this comment

      Eastinfection  
    • angelcat
      Posted on November 17, 2012 at 9:07am

      It is easy to attack when you have no scruples about trashing the Constitution, lying, cheating, and being unfair, racist, and anti-religion (except for Islam, of course).

      Report this comment

      angelcat  
    • kickagrandma
      Posted on November 17, 2012 at 10:08am

      Morning, GONZO~~~ This administration reminds me of that slick stuff we used to play with when we were kids (I’m way older than you) that would squish one way when we grabbed it then go another direction. We never could corral it. What WAS that stuff and how did we get rid of it?

      Report this comment

      kickagrandma  
  • pepsicolakid
    Posted on November 17, 2012 at 3:46am

    Tyndale just got a new customer!

    Report this comment

    pepsicolakid  
  • txn4justice
    Posted on November 17, 2012 at 2:25am

    Nice.

    Report this comment

    txn4justice  
  • JEANNIEMAC
    Posted on November 17, 2012 at 12:28am

    1st Amendment:
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
    Obamacare breaks the law by prohibiting the free exercise of religion in attempting to force people to do what is against their religion.
    The mandate is unconstitutional and therefore null and void. Obamacare also provides for IRS access to personal and business bank accounts to withdraw penalties and taxes. It would be wise for all church institutions and Catholic business owners to close their bank accounts and transfer their funds to overseas banks. They will still have to pay taxes on the interest earned, but it is legal.
    In fact it might be wise for anyone who does not wish the government to have access to their funds, to also transfer their accounts.

    Report this comment

    JEANNIEMAC  
    • Keatonc333
      Posted on November 17, 2012 at 12:56am

      If i may… you would also then support gay marriage right? being as a ban on gay marriage is a blatant religious law. and as you quoted earlier “Congress shall make no law respecting an establishment of religion” so tell you what. hypothetically of course churches don’t have to offer birth control if gays can marry… then no constitutional infringement! deal?

      Report this comment

      Keatonc333  
    • TulsaYeeHaw
      Posted on November 17, 2012 at 1:12am

      What about a compromise Keaton? How about uninvolving gov’t with “marriage.” If you want the protection the law affords married couples, then any couple, of legal age, can enter into a binding contract of………call it whatever.
      Marriage is a religious institution and gov’t should be out altogether.
      If not, then to answer your question, I would say YES.

      Report this comment

      TulsaYeeHaw  
    • brother_ed
      Posted on November 17, 2012 at 1:14pm

      @KEATONC333

      Though I may get derided for this, I’m going to say it anyways…

      To me, there is more of a problem with having government telling a religion what to do than having a religion tell government what to do.

      That being said, local governance is best. Each state should decide on its own laws regarding homosexual unions, drug use, prostitution, etc.

      To state that religion has no place in politics is absurd.

      As a Christian, I don’t believe in forcing my religion on people, however there are certain behaviors which my religion adheres to that I must insist my government respect: do not murder, do not steal, do not lie. This does not mean I advocate a theocracy. I do not expect others to: keep the Sabbath holy, honor their mother and father, believe in one God, tithe, be fruiitful and multiply, etc. Those you are free to ignore.

      Report this comment

      brother_ed  
    • L.B.Stephens
      Posted on November 18, 2012 at 2:04pm

      Brother Ed, – “As a Christian, I don’t believe in forcing my religion on people,”

      Nobody can “force” a religious belief onto a person if they do not want it.
      However, a Christian does have the mandate to try to persuade acceptance of Bible Truth by talking to people.
      Jesus Christ did instruct his followers (Christians) to preach, did he not?

      Report this comment

      L.B.Stephens  
    • brother_ed
      Posted on November 18, 2012 at 4:30pm

      @L.B.STEPHENS

      You are right, we are commanded to spread the Gospel…I was speaking more along the lines of how much influence Christian commandments should have on civil laws.

      KEATONC333 seemed to imply that religious laws – specifically regarding homosexual unions – should not be the law of the land according to his interpretation of the separation clause.

      Report this comment

      brother_ed  
  • MatthewChapter24
    Posted on November 17, 2012 at 12:12am

    “Tyndale, based in Carol Stream, Ill., says it provides its 260 employees with coverage for some contraceptives.”

    This is how it starts…allowing the camel to get his head in the door.

    God will not be mocked.

    Report this comment

    MatthewChapter24  
  • PIGSWILLNEVERFLY
    Posted on November 17, 2012 at 12:12am

    0 is NOT ENTITLED to disregard religious Freedom. Hear that wicked witch Kathleen Sebelius? She has been warned against taking Holy Communion at church and many want her ex-communicated too.
    This entire Administraton have taken oaths to uphold the Constitution. It is their MAIN JOB. They ALL LIED UNDER OATH.

    Report this comment

    PIGSWILLNEVERFLY  
  • DavidLike
    Posted on November 17, 2012 at 12:01am

    A man with an argument is at the mercy of a man with conviction. God’s laws are immutable and those who love HIM will not be moved by any man made laws. The LEFT will regret that they got in the face of God. God will judge everything that hinders HIS love.

    Report this comment

    DavidLike  
    • Keatonc333
      Posted on November 17, 2012 at 1:04am

      Some of gods great laws!
      Deuteronomy 25:11-12
      If two men are fighting and the wife of one of them comes to rescue her husband from his assailant, and she reaches out and seizes him by his private parts, you shall cut off her hand. Show her no pity.

      The eating of fat is prohibited forever
      ~Leviticus 3:17

      People who have flat noses, or are blind or lame, cannot go to an altar of God
      ~Leviticus 21:17-18

      Entrance into the assembly of the Lord was granted only to those with complete testicles
      ~Deuteronomy 23:1

      Stubborn children were to be stoned, and the stoning was to be instigated by their parents
      ~Deuteronomy 21:18-21

      If anyone comes to me and does not hate his father and mother, his wife and children, his brothers and sisters – yes, even his own life – he cannot be my disciple
      ~Luke 14:26

      Report this comment

      Keatonc333  
  • rickc34
    Posted on November 16, 2012 at 11:51pm

    Another win for the good guys. Father God thank you for this victory may this be the begining of many.

    Report this comment

    rickc34  
  • scarydave
    Posted on November 16, 2012 at 11:38pm

    The good guys won one for a change. Let’s pray that this sticks!

    Report this comment

    scarydave  
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