Tag Archives: ZZ: Newland v. Sebelius

Alan Sears at NC Register: Over the past few decades, attempts to limit religious freedom in the public square have expanded into what is nearing a hostile exile.

McPherson Sentinel: In its lawsuit against Sebelius, Hercules Industries (a Colorado-based manufacturer of heating, ventilation and air conditioning units owned and operated by the Newland family) is represented by The Alliance Defending Freedom, a public interest legal foundation. In its separate lawsuit against HHS, Colorado Christian University (a nondenominational Christian liberal arts university lead by former U.S. Senator Bill Armstrong) is represented by the public interest legal foundation called The Becket Fund. Huelskamp released this statement . . .

YouTube: Victims of the Obama Administration’s assault on religious freedom speak out at Rep. Black’s press conference in support of the Health Care Conscience Rights Act. Speakers included:

ADFMedia has created a resource page listing pending HHS suits by state.

Matt Bowman appeared on Stand Up for the Truth | MP3 audio 16:24 mins

Denver Post via Google News / PressDisplay.com: The Alliance Defending Freedom has brought a caseonbehalf of Hercules Industries, a Denver-based company that makes sheet-metal products. It was granted an injunction by a judge in Colorado who said the religious values of the family ownerswere infringed by the law. “Two-thirds of the cases have had injunctions against Obamacare, and most are headed to courts of appeals,” said Matt Bowman, senior legal counsel for the alliance. “It is clear that a substantial number of these cases will vindicate religious freedom over Obamacare. But it seems likely that the Supreme Court will ultimately resolve the dispute.”

Americans United for Separation of Church and State: In a friend-of-the-court brief, Americans United urged the 10th U.S. Circuit Court of Appeals to uphold the Obama administration’s contraceptive mandate, which requires most businesses to provide workers with a health insurance that includes no-cost birth control.

NY Times: The Alliance Defending Freedom — like Becket, a conservative group — has brought a case on behalf of Hercules Industries, a company in Denver that makes sheet metal products. It was granted an injunction by a judge in Colorado who said the religious values of the family owners were infringed by the law. “Two-thirds of the cases have had injunctions against Obamacare, and most are headed to courts of appeals,” said Matt Bowman, senior legal counsel for the alliance. “It is clear that a substantial number of these cases will vindicate religious freedom over Obamacare. But it seems likely that the Supreme Court will ultimately resolve the dispute.”

LifeNews: “Every American, including family business owners, should be free to live and do business according to their faith,” says ADF lead counsel Matt Bowman. Bowman told LifeNews: “The cost of religious freedom for this family could be millions of dollars per year in fines that would cripple their business and potentially destroy jobs if the administration ultimately has its way. In appealing the district court’s order that halted the mandate against Hercules, the administration sent a clear message that it wants to force families to abandon their faith in order to earn a living. That’s the opposite of religious freedom.”

Amidst a flurry of activity this month in Alliance Defending Freedom lawsuits against President Obama’s abortion pill mandate, the administration’s record in cases litigated so far stands at 10 losses and only four wins.

Alan Sears at the Human Life International Truth and Charity Forum: The 19th century Russian writer Fyodor Dostoevsky once wisely said, “If God does not exist, then everything is permitted.” Christians continue to wage a political and legal battle against a predominantly secular culture about the law and the meaning of life—both increasingly corrupted by what Blessed Pope John Paul II coined a “culture of death.”

Matt Bowman appeared on Relevant Radio with Shiela Liaugminas to discuss the HHS litigation. | MP3 audio 11:41 mins

Matt Bowman at National Review: A court decision on Wednesday spells more trouble for Obamacare’s abortion-pill mandate. Defenders of that mandate have been crowing about two court rulings against Christian businesses, notably Hobby Lobby. But the government’s position is much weaker than its defenders let on.

Bill Newland & Mike Norton on Catholic Answers Live to discuss the Newland case. | MP3 audio 23:37 mins

Colorado Statesman: Former U.S. attorney Norton called Obama’s health care law the “greatest threat to religious freedom of our time,” citing a provision in the law that birth control be made available to women at no out-of-pocket cost. He said it is not a contraception mandate, but an “abortion pill” requirement. “They must think we’re stupid,” said Norton, who is the husband of former Lt. Gov. Jane Norton. “Who is paying for this coverage? It’s you and me. It doesn’t really matter whether the employer pays it or the insurance companies pay for it…” “What right does the government have to run roughshod over the conscience and religious convictions of every American, including business owners?” he continued. “And what right does the government have to decide what is faith and who are the faithful?”

CBN (includes video): They just don’t want to have to provide abortion pills and other items in this plan that violate their faith,” Matt Bowman, with Alliance Defending Freedom, said.

Pro Life Blogs: “Bible publishers should be free to do business according to the book that they publish,” said Senior Legal Counsel Matt Bowman. “To say that a Bible publisher is not religious is patently absurd. Tyndale House is a prime example of how ridiculous and arbitrary the Obama administration’s mandate is. Americans today clearly agree with America’s founders: the federal government’s bureaucrats are not qualified to decide what faith is, who the faithful are, and where and how that faith may be lived out.”

Baptist Press: In filing its appeal, the administration sent a clear message that it wants to force families to abandon their faith in order to make a living,” said Alliance Defending Freedom (ADF) attorney Matt Bowman. “That’s the opposite of religious freedom.”

NRL News: “Every American, including family business owners, should be free to live and do business according to their faith,” said Senior Legal Counsel Matt Bowman. “The Obama administration claims ‘unwavering’ support for religious freedom, but this appeal demonstrates that the only thing unwavering is the administration’s tenacious opposition to that freedom.” “The cost of religious freedom for this family could be millions of dollars per year in fines that would cripple their business and potentially destroy jobs if the administration ultimately has its way,” Bowman said. “In filing its appeal today, the administration sent a clear message that it wants to force families to abandon their faith in order to earn a living. That’s the opposite of religious freedom.”

Christian Post: “Every American, including family business owners, should be free to live and do business according to their faith,” Senior Legal Counsel Matt Bowman said in a statement. “The Obama administration claims ‘unwavering’ support for religious freedom, but this appeal demonstrates that the only thing unwavering is the administration’s tenacious opposition to that freedom.”

Citizen Link: “The cost of religious freedom for this family could be millions of dollars per year in fines that would cripple their business and potentially destroy jobs if the administration ultimately had its way,” Bowman said.

LifeNews: Alliance Defending Freedom attorneys obtained the first-ever order against the mandate on behalf of Hercules Industries and the Catholic family that owns it. The administration opposed the order, arguing, contrary to the U.S. Constitution, that people of faith forfeit their religious liberty once they engage in business . . . “Every American, including family business owners, should be free to live and do business according to their faith,” said ADF Senior Legal Counsel Matt Bowman. “The Obama administration claims ‘unwavering’ support for religious freedom, but this appeal demonstrates that the only thing unwavering is the administration’s tenacious opposition to that freedom.”

LifeSiteNews: The cost of religious freedom for this family could be millions of dollars per year in fines that would cripple their business and potentially destroy jobs if the administration ultimately has its way,” said Matt Bowman, senior counsel at the Alliance Defending Freedom. “In filing its appeal today, the administration sent a clear message that it wants to force families to abandon their faith in order to earn a living. That’s the opposite of religious freedom.”

One News Now: Attorney Matt Bowman of Alliance Defending Freedom tells OneNewsNow, “Every American, including family business owners, should be free to live and do business according to their faith.” “The Obama administration claims it has unwavering support for religious freedom, but the only thing unwavering in the administration is its tenacious opposition to religious freedom,” the attorney asserts.

n contradiction to the Obama administration’s recent claims of “unwavering” support for religious freedom, the president’s lawyers filed an appeal Tuesday of a court order that upheld the religious freedom of a Colorado family business.

Archdiocese of Denver: . . . When religious people are marginalized from the public square, all of us lose. Religious values (like those of Rev. Martin Luther King Jr., for example) have served as forces for great public good in America. Public shame of the religiously convicted undermines the American ideal. Sadly, however, Hercules is not alone in being marginalized; religious institutions and practices face increasing threats in America. Last week, the Washington, D.C.-based Liberty Institute released a survey of religious hostility in America, documenting hundreds of unreasonable persecutions of religious Americans. It is a chilling read . . . When religious conscience threatens essential human freedom or dignity, governments have a vested interest in protecting public welfare. But the law which Hercules is fighting is not an assertion of essential human freedom or dignity. The HHS mandate is designed to fund private sexual expression—and even abortion—from the coffers of American businesses. Trading free access to contraception for our foundational reverence for religious liberty is a betrayal of our history—and a short-sighted plan for America. House Speaker Frank McNulty took up the mantle of Hercules’ cause, and rightly commended them for their work. I pray the Denver City Council will do the same. Choosing to marginalize the owners of Hercules for their religiosity is an insult to the founding values of our nation.

Alan Sears appeared on the Hugh Hewitt Show to discuss various cases and issues including Newland v. Sebelius. | MP3 audio 7:12 mins

Andy Newland at the Washington Times: With the help of Alliance Defending Freedom, we asked for an injunction that would block enforcement of the mandate while our lawsuit proceeds. A federal judge granted that injunction — the first legal victory of its kind against the abortion-pill mandate — and it was at that point, interestingly, that Denver city officials decided a proclamation honoring our company was no longer in order.

Human Events: Hercules Industries of Denver, Colorado is a successful 50-year-old heating and air-conditioning company, which was due to receive a Good Citizenship Award from the city for their many contributions to the community. The generous health care plan offered to their 265 employees, which a Denver Post editorial noted includes “premium benefits for pregnancy, women’s wellness and risk reduction,” was also cited in the proposed award. But Hercules Industries is owned by a Catholic family, the Newlands. They objected to ObamaCare’s outrageous imposition on their religious liberty.

Engage Family Minute: The American Dream has promised that we are given the freedom to pursue happiness. Many have realized that dream through the growth of their small business. But, what if the government says that you can only pursue the American Dream if that dream is entirely secular? As Senior Counsel to the Alliance Defending Freedom and former U.S. Attorney, Mike Norton, points out, for one Colorado small business owner, the Affordable Care Act (a.k.a., “Obamacare”) has done just that.

Fox News Insider (includes video): Greg Baylor, an attorney for Alliance Defending Freedom, said, “We can all agree that politicians shouldn’t use someone’s faith or their stand for freedom to deny them recognition for the good service that they’ve provided to their community.

Denver Post Editorial: A proclamation honoring a 50-year-old Denver business was pulled by its sponsor last week after she learned that the company opposed a provision of federal health reform requiring insurance coverage to include no-cost access to contraception and other preventive care.
In scuttling the proclamation, Denver city councilwoman Robin Kniech noted that it’s “silly season,” meaning that political disagreements are amplified in anticipation of the November election. In our view, her decision only makes things sillier.

Michael Norton at the Denver Post: Re: “Finding middle ground on contraception coverage,” Aug. 5 editorial. The Post’s editorial incorrectly concluded that “a suitable compromise” to a court order prohibiting enforcement of Obamacare and its abortion pill mandate against Hercules Industries would be to require Hercules’ insurance company to provide such abortion pill coverage.

Alliance Defending Freedom Blog: His explanation to his puzzled friend is that Liddell’s commitment as a runner is an extension of who he is and what he believes; the attempt to sever him from the source of his greatness was both foolish and morally wrong. That’s an important lesson many on the left fail to learn as they blithely cast aside religious liberty and rights of conscience for others

Greg Baylor appeared on the Drew Mariana Show to discuss the Newland litigation. | MP3 audio 11:23 mins

Citizen Link: “It’s sad when the very values that drive a family to serve others are used to try to disgrace them,” said Matt Bowman, legal counsel for the Alliance Defending Freedom, which is representing the family in its lawsuit. “The city council saw this family’s contributions, but then said ‘no honors for you’ because Hercules’ leaders took a principled stand for freedom of religion and conscience. That makes the Newlands more worthy of respect, not less so.”

Alan Sears at the Daily Caller: Not long ago, Denver officials announced their intention to honor 50 years of distinguished service to their community by Hercules Industries, a national HVAC manufacturing company based in the city, with a proclamation citing, among other things:

The city and county of Denver proposed and drafted a proclamation honoring the 50th anniversary of Hercules Industries, the family business that sued the Obama administration over its abortion pill mandate, but rescinded the honor after the company won a court order in its lawsuit, which attorneys with Alliance Defending Freedom are litigating.

LifeNews: “Every American should be free to live and do business according to their faith,” said Senior Counsel Kevin Theriot. “The government shouldn’t punish people of faith for following their beliefs when making decisions for themselves or their organizations. That’s why this lawsuit should not be casually dismissed as the Obama administration would like to see happen.” . . . “Every American, including family business owners, should be free to live and do business according to their faith. For the time being, Hercules Industries will be able to do just that,” said ADF Legal Counsel Matt Bowman after the decision. Bowman added, “The cost of freedom for this family could be millions of dollars per year in fines that will cripple their business if the Obama administration ultimately has its way. This lawsuit seeks to ensure that Washington bureaucrats cannot force families to abandon their faith just to earn a living. Americans don’t want politicians and bureaucrats deciding what faith is, who the faithful are, and where and how that faith may be lived out.”

Nathan Cherry at the Engage Family Blog: Did you know that you as an individual are not protected by the Religious Freedom clause of the First Amendment? Yeah, in other words, your church services on Sunday and all actions taking place there are protected and the government cannot interfere with them. But, your rights stop the moment you leave the church and enter the “secular” world and workplace. Did you know that?

WorldNetDaily: Regarding the Denver case, Matt Bowman of the Alliance Defending Freedom represents Hercules Industries, and said the government mandate on contraception is blatantly unconstitutional, and he expects the case to be watched very closely by the Catholic Church and other challengers to the mandate. “This case does not involve stopping anybody from doing anything in terms of employees,” Bowman told WND. “What it involves is using Obamacare to impose mandates on families who are just wanting to earn a living, forcing them to violate their faith and to facilitate things that violate their faith simply because they’re Americans who want to have a business and follow their religious values.”

Alan Sears at the Alliance Defending Freedom Blog: “The cost of freedom for this family could be millions of dollars per year in fines that will cripple their business if the Obama administration ultimately has its way,” he adds. Americans don’t want politicians and bureaucrats deciding what faith is, who the faithful are, and where and how that faith may be lived out.” Clearly, the danger here is not just to one family business in Colorado – but to you, your family, and countless family business owners and employees throughout the U.S. Please be in special prayer for this crucial case and for our lawyers as they pursue this matter – and other pressing cases – in the courtrooms of America.

Wesley J. Smith at First Things: Do entrepreneurs sacrifice their religious liberties merely by seeking a profit? That question would have stunned our Founding Fathers, most of whom were businessmen as well as statesmen.

National Review: Last Friday, in a victory for religious liberty, a federal district court judge ruled that the Religious Freedom Restoration Act (RFRA) signed by President Clinton in 1993 provides the Newland family and Hercules Industries an exemption from the HHS mandate.

NC Register: Matt Bowman, legal counsel with Alliance Defending Freedom, objected to the president’s contention that offering exemptions to the mandatory coverage allows employers to control women. “The only ‘controlling’ actions in this case involve the president’s command that families abandon their faith just because they want to earn a living or serve their community,” Bowman told Catholic News Agency Aug. 8. “The government is picking and choosing what faith is and who can live it out, and then targeting religious people with massive penalties, while bureaucrats exempt millions of other people for political reasons.”

CNA: Matt Bowman, legal counsel with Alliance Defending Freedom, objected to the president’s contention that offering exemptions to the mandatory coverage allows employers to control women. “The only ‘controlling’ actions in this case involve the president’s command that families abandon their faith just because they want to earn a living or serve their community,” Bowman told CNA Aug. 8. “The government is picking and choosing what faith is and who can live it out, and then targeting religious people with massive penalties while bureaucrats exempt millions of other people for political reasons.”

Catholic Culture: Arguing against Hercules Industries—the Colorado firm that won an injunction against the HHS contraceptive mandate–lawyers for the Obama administration made the stunning claim that “for-profit secular employers generally do not engage in any exercise of religion protected by the First Amendment.” Read that line again.

Wesley J. Smith at The Weekly Standard: A recent federal trial court ruling has warmed the hearts of social conservatives and civil libertarians alike . . . William Newland and his siblings, self-insuring owners of Hercules Industries, a heating, ventilation, and air conditioning manufacturing company, did not appreciate being ordered by the federal government to violate the precepts of their Catholic faith. With the help of the Alliance Defending Freedom, the family members and their business (an S corporation in Colorado) sued, claiming (in addition to constitutional arguments) that the free birth control rule violates their rights under the Religious Freedom Restoration Act (RFRA) . . . As Hercules’s attorney Matthew S. Bowman told me, “Apparently the only things a family business may legally pursue—according to the government—are profit and whatever else Washington bureaucrats decide to mandate, which in our case includes contraception, sterilization, and what many believe to be abortion-inducing drugs.”

Michael J. Norton appeared on the Zeb Bell Show to discuss the Newland ruling. | MP3 audio 8:55 mins

Colorado Statesman: Mike Norton, one of the attorneys representing the Newland family who is also counsel for the Christian conservative organization Alliance Defense Fund, told The Colorado Statesman that the Hercules case could set the tone for many pending and looming lawsuits. “It’s definitely a precedent-setting case,” said the former congressional candidate and U.S. Attorney for Colorado. “It really is the only case of its kind to this date which has an adverse ruling against Obamacare and this HHS mandate.” [more] . . . A new lobbying organization in Colorado, Secular Coalition for Colorado, says it will fight to ensure that politics never interfere with access to health care or other public policy issues . . .

Hugh Hewitt provides this brief update on the Newland ruling. | MP3 Audio 1 min

NRB: As noted last week, Hercules Industries in Colorado went to federal court in search of an injunction to stave off the Obama Administration mandate . . . As of August 1, that new mandate is now in effect . . . The U.S. Department of Health and Human Services (HHS) celebrated the day as a victory for women, but noted, “The Obama administration will continue to work with all employers to give them the flexibility and resources they need to implement the health care law in a way that protects women’s health while making common-sense accommodations for values like religious liberty.” In a blog post, Amy Payne and Sarah Torre of the Heritage Foundation responded to the HHS statement, “Religious liberty is a fundamental right guaranteed under the First Amendment of the Constitution, not a mere ‘value’ whose worth is subject to devaluation by any given Administration’s policy.” | Original NRB report: Hercules Battles HHS

Matt Bowman appeared on the Victoria Taft Show to discuss the Newland case. | MP3 audio 8:34 mins

CBS 4 Denver reports on the Newland case. The Video is here.

Andy Newland and Matt Bowman appeared on Dateline Washington, Radio America with Greg Corombos to discuss the Newland ruling. | MP3 audio 7:05 mins

Hugh Hewitt at the National Catholic Register: With the help of the superb lawyers from the Alliance Defending Freedom (formerly the Alliance Defense Fund), the Newlands sought relief from President Barack Obama’s mandate, citing both the protections of the Religious Freedom Restoration Act and the Free Exercise Clause of the First Amendment of the 1993 U.S. Constitution . . . The Newlands have shown the way and are to be thanked for their courage. Lawyers from the Alliance Defending Freedom or other groups like the Becket Fund (which is representing the Register’s parent company, EWTN) will evaluate any case that any private employer may want to press to free themselves from Obamacare’s imposition on their genuine religious beliefs.

Matt Bowman and Andy Newland on the radio with Tom Lucero on AM Colorado, 1310 KFKA to discuss the case. | MP3 audio 11:43 mins

Catholic Culture: In arguing against a firm’s attempt to block application of the HHS mandate, lawyers for the Department of Justice stated that “for-profit, secular employers generally do not engage in any exercise of religion protected by the First Amendment.” . . . “A secular entity by definition does not practice religion,” the Obama administration had argued in its filing. “The Newlands nonetheless claim that the regulations substantially burden their religious exercise because the regulations may require the group health plan sponsored by their secular company to provide health insurance that includes contraceptive coverage.”

Denver Post: “The principle decided here is applicable to all of the cases raising the issue of can the government justify forcing people to choose between their faith, and engaging in business or serving the community,” said Matt Bowman, legal counsel for the Alliance Defending Freedom, a coalition of Christian lawyers.

Jane Norton at the Denver Post: Fortunately, a court just issued the first-ever order against Obama’s mandate, preventing it from being applied to the Newland family while their lawsuit, filed by their attorneys with Alliance Defending Freedom, goes forward. And we’d all better hope the Newlands prevail in the end. (Jane Norton was lieutenant governor of Colorado from 2003 to 2007. Her husband, Michael Norton, is a member of the legal team representing Hercules Industries.) [Jane was also a regional director of the U.S. Department of Health and Human Services from 1988-1993 for six states, including Colorado.]

CNSNews: Gary Marx, executive director of the Faith and Freedom Coalition, praised a federal judge in Colorado for issuing a temporary injunction on Friday, stopping the Obama administration from enforcing the regulation against Hercules Industries, a heating, ventilation and air-conditioning business owned by a Catholic family. “Confidence in the system and hope for religious liberty was mildly restored when a federal district judge issued a temporary injunction blocking Barack Obama’s health care mandate from compelling a business to provide insurance coverage of sterilization, contraception, and abortion-inducing drugs,” Marx said. [see also powerful Brent Bozell III quote]

Investor’s Business Daily: Since Hercules Industries would be required to begin offering the new coverage when its self-insured plan renews on Nov. 1, Alliance Defending Freedom, the group representing Hercules, has requested a preliminary injunction that could prevent the government from enforcing the mandate against the company by Aug. 1, the date when the company would need to begin the process of making changes to its plan.

Ruth Institute Blog: The law firm, Alliance Defending Freedom, represent the Newland family, who were the victors in today’s court ruling. Twenty lawsuits against the HHS mandate remain, and we will continue to keep you up-to-date on their progress!

Paul Newland and Matt Bowman appear in the Fox News video interview here.

CBN (includes video): The Denver company is represented by Alliance Defending Freedom (formerly the Alliance Defense Fund)

Alan Sears appeared on the Hugh Hewitt Show to discuss the Newland case. | MP3 audio 8:42 mins

Matt Bowman appeared on the radio to discuss the Newland ruling. | Drew Mariani Show, MP3 audio 16:40 mins | Al Kresta in the Afternoon Show, MP3 audio 11:49 mins | News and Views with Chuck Bates, MP3 audio 13:08 mins

NC Register: “We’re very pleased the judge recognized that religious freedom applies to families and their activities in business and that a mandate that violates religious freedom cannot be imposed against faithful Christian believers,” said Matt Bowman, legal counsel for Alliance Defending Freedom, a coalition of Christian attorneys. Alliance Defending Freedom was formerly called the Alliance Defense Fund.

Catholic Online (includes video): As the August 1, 2012 date for the initial implementation requirements of the HHS mandate drew near, the Alliance Defending Freedom (formerly Alliance Defense Fund) issued an opinion advising Catholic Colleges and other Church related institutions of the a “temporary one year safe harbor” which could delay the consequences of their non-compliance for one year . . . However, the Alliance Defending Freedom was doing more than just helping Colleges and other organizations delay the punitive effects of this mandate. They were busy on another front, showing themselves to be outstanding religious liberty lawyers.

NRLC News: Every American, including family business owners, should be free to live and do business according to their faith. For the time being, Hercules Industries will be able to do just that,” said ADF Legal Counsel Matt Bowman. “The cost of freedom for this family could be millions of dollars per year in fines that will cripple their business if the Obama administration ultimately has its way. This lawsuit seeks to ensure that Washington bureaucrats cannot force families to abandon their faith just to earn a living. Americans don’t want politicians and bureaucrats deciding what faith is, who the faithful are, and where and how that faith may be lived out.”

FRC Washington Update: Because of the ruling, at least one family-owned business, Hercules Industries, won’t feel the sting of Health and Human Services’ (HHS) war on religious liberty when the order takes effect this Wednesday. Thanks to our friends at Alliance Defending Freedom (ADF), the Newland family has three months to take its lawsuit to the next level before the administration’s mandate, requiring it to offer abortion pills, contraception, and sterilization to the company’s 265 employees, takes effect.

Matt Bowman on the Ladona Harvey Show on KOGO FM 95.7 to discuss the Newland case.  | MP3 audio 8:42 mins