A federal court temporarily halted the Obamacare abortion pill mandate for two Christian colleges, ruling that compliance with the law could cause “irreparable harm” to their religious freedom.
Dordt College in Iowa and Cornerstone University in Michigan argued that in addition to violating the First and Fifth amendments of the U.S. Constitution and the Religious Freedom Restoration Act, the government has been inconsistent with enforcing the mandate:
They exempted “churches, their integrated auxiliaries, and conventions or associations of churches” and “the exclusively religious activities of any religious order.” Defendants contend that these employers “are more likely than other employers to employ people of the same faith who share the same objection, and who would therefore be less likely than other people to use contraceptive services even if such services were covered under their plan.” The Schools fit this description, yet they do not qualify for the exemption….
In addition, the government has elected not to impose the challenged regulations upon thousands of other organizations. Employers with “grandfathered” plans, small employers, and favored others are exempt from these rules.
Plaintiffs may suffer irreparable harm without an injunction in that they would be forced to comply with the Mandate to the detriment of their religious exercise. Even if I were to later grant Plaintiffs relief on their underlying claims, that would not remedy the harm caused by forcing the Plaintiffs to do something they deem religiously objectionable.
This acknowledgement is key. When the Supreme Court Judges weigh Sebelius v. Hobby Lobby, this fact will still remain: individuals may suffer irreversible damage if they are forced to give up their religious freedom rights under President Obama’s signature legislation.
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