Yesterday afternoon, the 11th Circuit U.S. Court of Appeals in Atlanta ruled against EWTN Global Catholic Network in its long-running battle against the government’s insurance mandate requiring employer-sponsored health plans to provide coverage for contraception, sterilizations and abortion-inducing drugs.
According to a press release, a three-judge panel issued a 2-1 decision yesterday, a ruling that came more than a year after oral arguments before the Appeals Court.
“We are extremely disappointed that the Court has refused to protect our religious freedom,” said EWTN Chairman and Chief Executive Officer Michael P. Warsaw. “This decision by the Court of Appeals ignores the arguments that EWTN and numerous plaintiffs around the country have made with regard to this mandate. In effect, this decision orders EWTN to violate its religious beliefs and comply with the government’s HHS mandate or pay massive fines to the IRS.”
In the majority opinion, the Court stated “We accept the plaintiffs’ sincere belief . . . that the accommodation puts them to a choice between honoring their religious beliefs and facing significant penalties. We nonetheless conclude that the accommodation imposes no substantial burden.”
“This is wrong,’ said Lori Windham, Senior Counsel of the Becket Fund for Religious Liberty and lead attorney on the case. “Rather than provide these drugs and devices through its own exchanges, our government wants to punish EWTN for practicing its faith. This 2-1 decision is not the end. The government’s unconstitutional mandate has lost repeatedly at the Supreme Court, and we believe it will lose again.”
In a blistering dissent, Judge Gerald Bard Tjoflat stated: “The majority runs roughshod over the sincerely held religious objections of Eternal Word Television Network,” and concluded that “at bottom, the majority’s reasoning takes aim at the heart of RFRA (the Religious Freedom Restoration Act) itself.”
The court placed the effects of the ruling on hold until the Supreme Court rules on the mandate later this year. This will protect EWTN from accumulating fines while waiting for the decision.
The Supreme Court has scheduled oral arguments in the cases, which involve The Little Sisters of the Poor and the Archdiocese of Washington DC, for next month with a ruling expected by the end of the court’s current term in June.
However, due to the sudden death of Justice Antonin Scalia on February 13, Chief Justice John Roberts could decide that cases where a 4-4 split seem likely – which would mean the lower court ruling will stand – could be re-argued after the appointment of a new justice.
Regardless of the timing of the case, EWTN intends to continue the fight.
“As we have said repeatedly, contraception, abortion-inducing drugs and voluntary sterilization are not health care and the government should not force EWTN to provide them as part of our employer-sponsored health plan,” Warsaw said.
“We are grateful for the prayers and support of the EWTN Family over the course of this litigation, as well as all those who have written in support of our lawsuit and in support of religious liberty. We ask for continued prayers as we consider our response to the Court’s decision.”
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