The U.S. Court of Appeals for the Tenth Circuit ruled yesterday that the Little Sisters must comply with the government’s birth control mandate which forces religious ministries to violate their faith or pay massive IRS penalties.

In a press release from The Becket Fund, whose attorneys are representing the Little Sisters, the Tenth Circuit ruled that the Little Sisters can be compelled to cooperate with the mandate which allows them to opt out only after they inform the Department of Health and Human Services (HHS) of their religious objections. This notification then triggers the HHS to secure the coverage for the ministry’s female employees, a process the Little Sisters say still forces them to arrange for objectionable coverage.

The court disagreed and held that the government’s contraception delivery scheme is “as easy as obtaining a parade permit, filing a simple tax for, or registering to vote” and that although the Sisters sincerely believe that participating in the scheme “make[s] them complicit in the overall delivery scheme,” the court “ultimately rejects the merits of this claim,” because the court believes the scheme relieves [the Little Sisters] from complicity.”

“As Little Sisters of the Poor, we simply cannot choose between our care for the elderly poor and our faith,” said Sr. Loraine Marie Maguire, Mother Provincial of the Little Sisters of the Poor who delivered a public statement in the case. “And we should not have to make that choice, because it violates our nation’s commitment to ensuring that people from diverse faiths can freely follow God’s calling in their lives. For over 175 years, we have served the neediest in society with love and dignity. All we ask is to be able to continue our religious vocation free from government intrusion.”

Her attorneys are vowing to fight on. “We’re disappointed with today’s decision,” said Mark Rienzi, Senior Counsel of the Becket Fund for Religious Liberty and lead attorney for the Little Sisters of the Poor.

“After losing repeatedly at the Supreme Court, the government continues its unrelenting pursuit of the Little Sisters of the Poor. It is a national embarrassment that the world’s most powerful government insists that, instead of providing contraceptives through its own existing exchanges and programs, it must crush the Little Sisters’ faith and force them to participate. Untold millions of people have managed to get contraceptives without involving nuns, and there is no reason the government cannot run its programs without hijacking the Little Sisters and their health plan.”

The Little Sisters and their attorneys are closely reviewing the court’s decision and will decide soon whether they must seek relief from the Supreme Court.

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