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Belmont Mandate Lawsuit Dismissed The requirement does exempt very specific religious organizations, which, as defined by HHS, would primarily only include houses of worship while likely excluding other religious organizations, such as hospitals, colleges, and other service organizations. The Administration amended the rule earlier this year in response to complaints from religious leaders and organizations about the threat it poses to religious liberty. The change would require insurance companies to provide the controversial services free of charge to employees of organizations that object to their provision on religious grounds. Critics of the rule, such as the United States Conference of Catholic Bishops and the Becket Fund for Religious Liberty, are unsatisfied with the change, arguing it represents an accounting gimmick that will result in higher premiums across the board to cover the “free” services offered by insurance companies. In his opinion, Judge Boasberg dismissed Belmont Abbey’s complaint. “Because the government has indicated its intention to amend the regulations to better take into account religious objections and because Plaintiff [Belmont Abbey College] is protected in the interim by a safe-harbor provision,” Judge Boasberg wrote, “the Court agrees that Belmont’s injury is too speculative to confer standing and that the case is also not ripe for decision.” However, the opinion did conclude by stating, “At the end of the day, the Court offers no opinion on the merits of the current contraception-coverage regulations or any proposed future ones. If Plaintiff is displeased by the ultimate regulations, it may certainly renew its suit at that time. All the Court holds here is that Belmont has no basis to proceed now.” In a statement, Becket Fund senior legal counsel, Hanna Smith emphasized that Judge Boasberg’s decision centered on the technical issues in the lawsuit, and that he “thinks that the case should be delayed for a matter of months to give HHS time to fix the Mandate.” “The decision says nothing about the merits of Belmont Abbey’s religious freedom claims, and has no effect on any of the 22 other cases currently pending in federal court,” Smith said. “It simply delays Belmont Abbey College’s ability to challenge the Mandate for a few months, and the court made clear we have the right to re-file the case if HHS does not fix the problem. We are reviewing the decision and considering our options, but one thing is clear: Belmont Abbey College and the Becket Fund will continue the fight for religious liberty, even if this case is delayed for a few months” According to the Becket Fund, at least 56 plaintiffs have filed 23 cases, including Belmont Abbey’s recently dismissed case, challenging the constitutionality of the mandate. Related resources: Copyright © 2012. North Carolina Family Policy Council. All rights reserved.
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