Obama Slapped on the Wrist by the Federal Court of Colorado
By Jerry Walch, 30th Jul 2012 | Follow this author
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Posted in WikinutNewsPolitics
A federal district judge in Colorado, John Kane, ruled against the Obama administration’s birth control mandate last Friday. For the first time in the history of the court did the court side with its opponents when it ruled against the regulation made possible by the Affordable Care Act. The court’s ruling is not final yet, but the conservatives see it as the first step overturning the regulation permanently.
- A Temporary Injunction.
- The Religious Freedom Restoration Act of 1993.
- The Ruling
- The Contraceptive Rule
- What about the rights of Hercules Industries employees?
A Temporary Injunction.
The temporary injunction issued by Federal judge John Kane in Colorado, permits Hercules Industries, a family owned air-conditioning company based in the state, not to abide by the rule until the courts reach a decision on the merits of the case. The owner of Hercules Industries—William, Paul, James, and Andrew Newland, and Christine Ketterhagen—all devout Catholics, argued before the court that the mandate of the Affordable Care Act violated his religious liberties. The owner, being a devout Catholic, opposes contraception.
The Religious Freedom Restoration Act of 1993.
Judge John Kane, a Carter appointed Federal Judge, believed that Hercules raised serious enough questions about the validity of the mandate under the Religious Freedom Restoration Act to be given temporary injunctive relief. The 1993 Religious Freedom Restoration Act states, that the law says the government may not “substantially burden a person’s exercise of religion” — that laws that clash with religious freedoms be justified by compelling government interest and be narrowly tailored to meet that interest.
The temporary injunctive relief applies only to Hercules Industries.
The Ruling
In his opinion to the court, John Kane wrote, “This injunction is, however, premised upon the alleged substantial burden on Plaintiffs’ free exercise of religion — not to any alleged burden on any other party’s free exercise of religion. It does not enjoin enforcement of the preventive care coverage mandate against any other party.” You can read the complete court ruling in pdf form by clicking here. Makes for some very interesting reading.
The Contraceptive Rule
Numerous entities have unsuccessfully sued to block the contraception rule which will take effect next week. The rule when it goes into effect will requires employee health insurance plans to cover contraception for women without co-pays, along with other preventive services. It exempts houses of worship, and grants religious nonprofits a one-year extension along with the freedom to pass the cost of the birth control to the insurance company. If nothing else the temporary injunctive relief ordered for Hercules Industries portends a lengthy series of court battles that may end up in the Supreme Court.
What about the rights of Hercules Industries employees?
Do I agree with the court's ruling...No! Absolutely not! So what if the Newland and Ketterhagen clans are devout Catholics who oppose all forms of contraception, what rights do they have to force their beliefs on all of their employees? Do they only hire devout Catholics who feel exactly as they do? If that be the case then they are in violation of the Equal Opportunity Employment act which forbids discrimination in hiring based on religious beliefs. No one should have the right or authority to deny anyone affordable health care—preventive as well as remedial. Contraception should be an individual choice and not made for them by an employer or the courts.
Comments
30th Jul 2012 (#)
Jerry wonderful hard hitting article loved every-word. I cannot stand anyone dictating to someone what they can do and what they cannot do and this extends to birth control. At the risk of upsetting some people I believe that the Catholic Church should be held up in court for there stand on contraception. When you get the head of the catholic church (The Pope) dictating to small African countries that they do not have the write to have protected sex even if that means catching Aids or any other sexually transmitted disease. Then they should be held accountable for the disastrous situation that many poor families find themselves in know. Perhaps if they came out into the world from there sheltered Hippocratic dwellings then and only them will change be made.
Best Wishes
Steve.
Sorry Jerry you hit a sore point with me. I have been there and have seen whats going on.
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30th Jul 2012 (#)
Sorry about the above comment I was so wired up I did not even think of putting any punctuation in the comment
Best Wishes
Steve
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31st Jul 2012 (#)
There was no need to apologize, Steve. I understood completely. I have to edit more than normally when I write articles like this one too because I get so caught up in the emotions behind what I'm writing that my spelling and grammar go down the drain.
The Catholic church needs to be knocked off its high-horse for many reasons, Steve, one of which is all the child molestation being committed by their priests.
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30th Jul 2012 (#)
So because the owners of the company are devout Catholics and don't believe in contraception, they get to impose their beliefs on the employees who work for them. That's the whole trouble with these religious freaks - they want to force their so-called morals on everybody else. I agree with Robb, who can't stand anyone telling someone what they can or can't do, and that applies to the people who own that company, right Robb?
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31st Jul 2012 (#)
Thank you for these comments, good buddy. I, personally, would like to take all these religious fanatics to East Texas, strip them naked, and stake them out atop a red ant (Fire Ant) mound and then sit back and watch as they go slowly insane before the stings kill them.
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31st Jul 2012 (#)
Yes, Jerry. So the court holds that they devout Catholics can get their way, but I guess the judge can't see that his ruling means that they can force their own beliefs on their employees. Geeez.
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31st Jul 2012 (#)
Birth control should be given out for free, not banned.
The Church wants more people so it has more people to control.
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31st Jul 2012 (#)
Right you are on all counts mark.
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4th Aug 2012 (#)
I agree with you. Just because birth control is given as a option, they are not forcing anyone to get the birth control pills. It sounds to me like they think their fellow Catholics will get birth control if it is free, and they want to control them. I was not aware of this law. Thank you for informing me.
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4th Aug 2012 (#)
Thanks for reading and commenting ICANANSWER.
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