Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Catholic News

Home

Home
Catholic
Religion News
Pittsburgh bishop remains hopeful despite mandate lawsuit dismissal

Pittsburgh bishop remains hopeful despite mandate lawsuit dismissal

Last updated on: November 30, 2012 at 10:52 pm by CNA Daily News

Pittsburgh bishop remains hopeful despite mandate lawsuit dismissal 2012-11-30T22:52:00+00:00 CNA Daily News

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

Washington D.C., Nov 30, 2012 / 03:52 pm (CNA/EWTN News).- Federal judges in Pittsburgh and Nashville dismissed Catholic lawsuits challenging the federal contraception mandate, but acknowledged that the suits can be re-filed when the regulation is more imminent.

Bishop David A. Zubik of Pittsburgh said that he was "disappointed" that the lawsuit cannot currently proceed, but he was also "very encouraged that it was 'dismissed without prejudice.'"

"That means that we have every right to file again in the future," he explained.

In May, the Diocese of Pittsburgh, joined by Catholic Charities of Pittsburgh and the Catholic Cemeteries Association of Diocese of Pittsburgh, filed a lawsuit to challenge the contraception mandate issued by the U.S. Department of Health and Human Services.

The mandate requires employers to offer health insurance plans covering contraception, sterilization and early abortion drugs, even if they have religious objections to doing so.

On Nov. 27, U.S. District Judge Terrence F. McVerry dismissed the case on standing and ripeness, arguing that the plaintiffs had not yet experienced any real harm from the mandate.

In his opinion for the case, McVerry pointed to the one-year "safe harbor" that the government has allowed for objecting religious employers, delaying the implementation of the mandate while the administration develops an "accommodation" for religious freedom.

While the process to create this proposal for a new rule was announced last spring, the details of the proposed regulation have not been formally announced, and critics argue that the initial suggestions put forward by the administration still require objecting employers to facilitate the controversial coverage.

However, McVerry said that “any decision the Court would make today would not have an immediate impact on Plaintiffs’ day-to-day operations as the existing regulations are currently under review and are expected to be modified.”

Because he did not rule on the merits of the suit, the plaintiffs will be able to bring their case before the court again once the harm is deemed more imminent.

"We will now await in good faith the accommodation to religious freedom that the federal government has claimed it will offer," Bishop Zubik said. "However, we must all be aware that no modification to the original HHS mandate in regard to religious freedom has yet been made."

The bishop pointed out that the matter "remains fluid" because other courts have arrived at different conclusions in challenges to the mandate.

"I do want to make clear, however, that we cannot and will not negotiate away our constitutional rights to religious freedom and religious expression," he said.

More than three dozen lawsuits challenging the mandate are working their way through the courts. Several for-profit businesses that did not qualify for the safe harbor period have been granted temporary injunctions blocking the mandate from taking effect.

In a separate ruling filed on Nov. 27, a federal judge dismissed a lawsuit filed by the Diocese of Nashville, along with Catholic Charities of Tennessee and several Catholic schools and assisted living homes throughout the diocese.

U.S. District Judge Todd J. Campbell similarly ruled that the plaintiffs did not have standing and the lawsuit was not "ripe for judicial review."

Campbell also cited the “safe harbor” period and promised adjustments from the Obama administration in his opinion. He said that any harm caused by the mandate was "merely conjectural and speculative" at this point.

Right now, the regulation "is not sufficiently direct, immediate, and traceable to the Defendants to warrant judicial intervention," he said.

As various lawsuits progress in the courts, the U.S. Catholic bishops and other religious leaders continue to speak out on the importance of religious freedom.

In an online video six months ago, Bishop Zubik reflected on the severity of the matter, noting that under the mandate, Church organizations “are required to let the government determine which of our beliefs we can follow.”

“We help people because we are Catholic, not because they are Catholic," he said, explaining that religious schools, hospitals and charities "cannot accept that the state has the right to force us to choose between our sacred beliefs or shutting our doors.”

“Religious freedom means that each of us has the right to pursue truth, embrace it and to shape our lives by it without government coercion," Bishop Zubik said. "This lawsuit is meant to protect that freedom, already guaranteed to us by the constitution, not just for Catholics, but for every American.”

Uncategorized

Previous Post

November 30, 2012

Argentina bishops warn against bitter political division

Next Post

November 30, 2012 Study shows Colombia's youth reject abortion, drug laws

Browse Our Archives

Select a Category Americas Asia - Pacific Europe Middle East - Africa Uncategorized US Vatican

Select a Month November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012

TAKE THE

Religious Wisdom Quiz

I am a day when the high priest enters the Most Holy Place once a year to make atonement. What day am I?

Select your answer to see how you score.

Passover The Sabbath The Day of Atonement The Day of Trumpets