WyBlog

The Catholic family that owns a Colorado-based company won a court victory in their battle to stop the Obama administration from requiring them to provide insurance coverage for abortion-inducing drugs, sterilization and contraception, a mandate they say violates their religious beliefs and First Amendment rights.

Hercules Industries, a Denver-based heating ventilation and air conditioning manufacturer that employs nearly 300 full-time workers, got an injunction in federal court which stops enforcement of the controversial ObamaCare mandate. The company's lawyers said they needed the injunction immediately because if the mandate is enforced, it must begin immediately making changes to its health plan, which renews on Nov. 1.

The case is similar to ones brought by Catholic-based colleges that have refused to provide employee insurance with such coverage, except this time, it is a secular corporation.

In his order, Colorado District Judge John Kane said that the government's arguments "are countered, and indeed outweighed, by the public interest in the free exercise of religion."

The Obama administration argued in a 76-page response that the Newlands' challenge "rests largely on the theory" that a for-profit, secular corporation can claim to exercise a religion and avoid laws regulating commercial activity.

"This cannot be," the motion reads, citing the 1982 case of United States v. Lee, in which the court held that self-employed Amish workers could be exempt from Social Security taxes, but did not extend the exemption to Amish employers. "Indeed, the Supreme Supreme Court has recognized that, '[w]hen followers of a particular sect enter into commercial activity as a matter of choice, the limits they accept on their own conduct as a matter of conscience and faith are not to be superimposed on the statutory schemes which are binding on others in that activity.'"

"Hercules Industries has made no showing of a religious belief which requires that [it] engage in the [HVAC] business," the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department's argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden."