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
EWTN to appeals court: religious freedom at stake in HHS mandate case

EWTN to appeals court: religious freedom at stake in HHS mandate case

Last updated on: February 4, 2015 at 9:20 pm by CNA Daily News

EWTN to appeals court: religious freedom at stake in HHS mandate case 2015-02-04T21:20:00+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.

Atlanta, Ga., Feb 4, 2015 / 02:20 pm (CNA/EWTN News).- A federal appeals court heard oral arguments Wednesday over whether the EWTN Global Catholic Network should be required to abide by the federal contraception mandate in violation of its religious convictions.

“This is about the broader issue of religious freedom,” said Michael Warsaw, chairman and CEO of EWTN, after the hearing.

“We have a right to be able to bring our faith to bear on everything we do, on every aspect of our lives,” he told CNA Feb. 4. “And I think that’s what’s at stake here.”

Founded by Franciscan nun Mother Mary Angelica, EWTN is the largest religious media network in the world, reaching over 230 million television households in more than 140 countries and territories.

The network includes television, radio and a publishing arm, along with a website and both electronic and print news services, including Catholic News Agency.

EWTN is challenging the federal HHS mandate, which requires most employers to either provide or facilitate employee insurance coverage for contraception, sterilization and some drugs that can cause early abortions.

More than 300 plaintiffs have filed lawsuits across the country charging that the mandate violates federal and constitutional protections of religious freedom. As a Catholic network, EWTN abides by the Catholic Church’s teaching against contraceptives, abortifacients, and sterilizations. It says it cannot cooperate with such practices.

EWTN initially filed a lawsuit against the regulation in 2012. However, that suit was dismissed on technical grounds in March 2013. The current lawsuit was filed in October 2013.

In June 2014, U.S. District Court Judge Callie V.S. Granade of Mobile, Ala., ruled against EWTN, and the network filed an appeal. The Eleventh Circuit Court of Appeals then issued a temporary injunction protecting EWTN from the mandate while the case continued in the court system, protecting the network from penalties of $35,000 per day during that time.

The Feb. 4 oral arguments were heard by appellate court judges Jill A. Pryor, Gerald Bard Tjoflat, and R. Lanier Anderson.

EWTN made the argument that the government is being arbitrary in its granting of religious exemptions to the mandate.

“What the government is saying is that EWTN isn’t religious enough, it’s not entitled to the same religious freedom as the Catholic Church which it serves,” Lori Windham, the lead attorney for EWTN in the case, argued before the court. Windham serves as senior counsel for the Becket Fund for Religious Liberty.

The U.S. Supreme Court in June 2014 ruled against the mandate as it applied to Hobby Lobby, a closely-held corporation whose owners also had religious objections to some of the mandate’s requirements.

While the Hobby Lobby case may offer a helpful precedent, Warsaw explained that EWTN’s situation is somewhat different.

The Hobby Lobby decision specifically dealt with “closely-held” for-profit businesses, while EWTN is a non-profit plaintiff. As a result, it relies upon the 1993 Religious Freedom Restoration Act.

Under that law, the government may not place a “substantial burden” on the free exercise of religion, unless doing so is the “least restrictive means” of furthering a “compelling government interest.”

In the oral arguments, Windham said the mandate violated the Religious Freedom Restoration Act.

The mandate violates EWTN’s “sincere religious belief” and puts a “substantial burden” on the company with over $12 million per year in fines, she argued.

Warsaw also emphasized that point.

“That is a substantial penalty, no matter the size of your organization,” he said. “For EWTN, a $12 million fine is really a crippling fine. I’ve described (it) in other circumstances as really being a death penalty for businesses, and that’s really what the government, I think, has intended.”

During the oral arguments, Judge Anderson questioned Windham about the government establishing a “compelling interest” for the mandate and using the “least restrictive means” to further that interest.

The judge remarked that “the crux of the case” is around those two burdens of proof on the part of the federal government.

Windham noted that even if the government establishes a “compelling interest” for a contraception mandate, it could still achieve its goals in a way that is less restrictive on religious exercise, by adjusting its regulations to accommodate religious companies like EWTN.

“This is a Catholic media network,” she said. “Sharing the faith is what they do.”

Previous Post

February 4, 2015

The best thing parents can give their children? Wisdom, Pope says

Next Post

February 5, 2015 After pilot's heinous execution, Jordan's Christians pray for religious harmony

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

How many loaves in the feeding miracle?

Select your answer to see how you score.

3 7 12 5