- Ag Docket
The plaintiff in this case, a Christian religious corporation, objected to Obamacare's mandate (as part of the "preventative care coverage requirement") that group health plans provide coverage for abortion or abortifacient-related services as a violation of the corporation's First Amendment rights and places a substantial burden on the exercise of their religious beliefs. The plaintiff sought a preliminary injunction against enforcement against the provision. While Obamacare provides an exemption from the mandate (created by regulation after enactment when various religious groups objected to the mandate), court noted that such exemption merely transfers the mandated obligation and related penalty to a third party, but still forces plaintiff's employees to be provided the objectionable services; court held that completion of form for exemption resulted in violation of plaintiff's sincerely held religious beliefs and amounted to "forced facilitation of the objectionable coverage that is religiously repugnant to the plaintiff..." and constituted compelled government force to act in violation of religious beliefs. The court noted that the U.S. Court of Appeals had already rejected the government's arguments in a case presently pending with the U.S. Supreme Court. The court determined that the plaintiff was likely to prevail on the merits of their claim, that the balance of the harms weighed in the plaintiff's favor, and that the public interest was served by enjoining enforcement of the mandate. Thus, the court issued the preliminary injunction to remain in effect until modified or rescinded by the court's order). Dobson, et al. v. Sebelius, et al., No. 13-cv-03326-REB-CBS (D. Colo. Apr. 17, 2014).
CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.