Belmont Abbey, Catholic College Sued Department of Health and Human Services (HHS) Over Contraception Mandate

By Adelle M. Banks
Religion News Service

(RNS) A small Catholic college has sued the Department of Health and Human Services, saying a new requirement to provide contraceptives contradicts the school's religious beliefs.

Belmont Abbey College in Belmont, N.C., said Thursday (Nov. 10) that the mandate, ordered in the health care bill passed last year, is unconstitutional because it violates the school's freedoms of religion and speech.

Hannah Smith, senior legal counsel at the Becket Fund for Religious Liberty, which filed the suit on behalf of Belmont Abbey, said: "This is much worse than an unfunded mandate; it is a monk-funded mandate."

The suit comes as some religious groups, including the U.S. Conference of Catholic Bishops, say that the mandate violates the conscience of organizations that oppose contraception on moral or ethical grounds.

The 26-page complaint filed in U.S. District Court for the District of Columbia said the legislation does not treat religious groups neutrally and "runs roughshod" over the college's beliefs, forcing it to either violate them or pay significant penalties.

"Having to pay a fine to the taxing authorities for the privilege of practicing one's religion or controlling one's own speech is un-American, unprecedented, and flagrantly unconstitutional," the suit says.

A spokesperson for HHS could not be reached immediately for comment on Friday.

Comments

[muusk]

01:45 PM on 12/21/2011

Personally, I don't see what the fuss is about, as no one is forced to use contraception even if it is covered by insurance. As a church employee who wouldn't use the contraception benefit, I'd be happier with a plan that was more "off the shelf" than our current more expensive customized plan that is specifically designed to exclude gynecological services. If you think about it, there are a lot of medical treatments out there that you could get under insurance but don't use, even some that may go against your values, but the point of insurance is blanket coverage for generally accepted public health uses. If you object to birth control, don't use birth control.

[Mlpasas]

05:55 AM on 11/29/2011

I think many have misunderstood this lawsuit. Its focus is on not providing contraceptives for its employees in their health care benefits.

[Gunscout]

05:26 PM on 11/14/2011

No, I don't believe the President is a muslim.
Yes, I do think he's american.
I feel that we're being torn apart as a society to facilitate other things going on in the background. I think maybe american muslims are going to be used as a scapegoat. That is, while we run around with our hair on fire over all these inflaming issues we have undocumented foreigners openly espousing arresting control of southwestern states for ..get a load of this..the "Aztlan Republic" as supported by La Raza and MeCHA. Look it up. We have to be able to be honest about our feelings and look into each others postings to see the grain of gold, value in each post. Sadly, some posts are not thought out or thoroughly considered and we have too few lighter posts to keep things moving and in some sense of good humor. We won the second world war against a lot of doom and gloom. Lighten up folks, and be ready, cause I'm coming to challenge a post near you and hope your thoughts challenge me to think more, too.

[Gunscout]

01:43 PM on 11/14/2011

Part 2
"So I, as a Christian, will have crippling IRS liens placed against all of my assets, including real estate, cattle, and even accounts receivables, and will face hard prison time because I refuse to buy insurance or pay the penalty tax. Meanwhile, Louis Farrakhan will have no such penalty and will have 100% of his health needs paid for by the de facto government insurance. Non-muslims will be paying a tax to subsidize muslims. Period. This is Dhimmitude.

Dhimmitude serves two purposes: It enriches the muslim masters AND serves to drive conversions to Islam. In this case, the incentive to convert to Islam will be taken up by those in the inner-cities as well as the godless Generation X, Y, and Z types who have no moral anchor. If you don't believe in Christ to begin with, it is no problem whatsoever to sell Him for 30 pieces ofsilver. "Sure, I'll be a muslim if it means free health insurance and no taxes. Where do I sign, bro?"..."

Congress and the president are also exempt from requirements. They have a better plan than what the billpayers have, 'cause it's all-covering and we paid for it..

[Gunscout]

01:41 PM on 11/14/2011

Part 1
OK.Let's cut to the chase scene, tired of all the Keystone Kops.
An excerpt from an email I originally thought to be a joke. However, I did my own research(I encourage you to do your own) and found it was right. One segment held to a standard under pecuniary penalties whilst another segment of the population isn't.

"...ObamaCare allows the establishment of Dhimmitude and Sharia muslim diktat in the United States. Muslims are specifically exempted from the government mandate to purchase insurance, and also from the penalty tax for being uninsured. Islam considers insurance to be "gambling," "risk-taking" and "usury" and is thus banned. Muslims are specifically granted exemption based on this...."

[Flan]

09:03 PM on 11/12/2011

No one has been able to answer my question so far, so I'll give it another shot: Does this HHS mandate cover contraceptives only when they're used as birth control, or does it cover contraceptive pills no matter why they're prescribed? I ask because even the Catholic Church says it's OK to use these pills for the various medical conditions they treat , such as acne and endometriosis. Conversely, if the college wins this battle on religious grounds, does it mean contraceptives don't have to be covered by their health plans even if they're prescribed for a serious condition such as endometriosis? If so, that seems wrong, even according to Catholic morality. I don't see any religious conflict over these pills if they're used to treat a serious medical condition, which they often do. So why make a federal case (literally) of this?

[muusk]

01:43 PM on 12/21/2011

The HHS mandate specifically is for coverage of contraception meant to prevent pregnancy. However, it has been my experience (as an employee of a religious school) that insurance plans written specifically to exclude contraception and sterilization will not cover contraceptive pills even when used to treat endometriosis or skin conditions, as those are "off-label" uses. You can either pay out of pocket, or your doctor will have to use different treatments.

[rwaller]

08:17 PM on 11/12/2011

The solution is very simple and already exists in law. If they wish to do as they please relative to any of their beliefs all they have to do is refuse to accept any federal or state money for their university research programs or for their students financial assistance. Refuse the dollars and they can do as they please. Accept the dollars and Jefferson's wall of seperation comes into play. They can not pick and choose the laws they wish to abide by.

[GOODDOC1]

12:10 AM on 11/13/2011

Why would it be right to punish the students by withholding their financial aid?

[rwaller]

12:29 AM on 11/13/2011

The students would still be free to accept financial aid and are now. It is the University that forfeits its choice to be able to accept their financial aid. The students have the same choice which is to go to the University any way and forfeit the aid or go to a different institution where there financial aid can be accepted. Seperation no matter which way you choose to spin it.

[jchowell3657]

05:33 PM on 11/12/2011

The proper response by Belmont Abbey is to ignore these tyrants. Failing that, they should oppose them by any means necessary. This is just the kind of crap that Jefferson wrote would never happen because of the "wall of separation" between church and state. The First Amendment is supposed to protect religion from government, not government from religion.

[teresathegreat12]

08:06 PM on 11/12/2011

The original purpose of the First Amendment, as proposed by scholars, is to protect government from the interference and influence of organized religion. Doing some research will show the influence of organized religion in most wars, battles, and tyrannic dictatorships throughout history. All done in the name of God.

[Escalonz]

05:06 PM on 11/12/2011

Sounds like they have a good case. Obama and the Democrats passed this health bill against the will of the American people and I for one would like to see it scuttled. Liberals will have a hemorrhage but that makes it all the better. Go Catholics........................

[rwaller]

08:26 PM on 11/12/2011

I bet you have a pair of pom poms saved so you can go an cheer for the local pedophiles.

[Escalonz]

12:38 AM on 11/13/2011

And I bet your full of s***.

[Gunscout]

11:03 AM on 11/13/2011

Oh relax, Wall. They're not your. Yours are still where you left them at Wall St.

[Cye]

06:22 AM on 11/13/2011

Liberals won't have a hemorrhage. Most won't even care. The Catholic church is an archaic institution with a dying influence. Who really cares what small Catholic Colleges do? Is it relevant to anything?

[Gunscout]

11:02 AM on 11/13/2011

You're still here reading, aren't you?

[Escalonz]

11:35 AM on 11/13/2011

Is it relevant to anything?
Could be the ultimate fact that decides the Supreme Court's ruling on Obama care?

Liberals won't have a hemorrhage­. Most won't even care.
Anything that endangers or opposes socialism cause liberals great angst. Not only will they hemorrhage; they will self destruct....................hey! why not?

[whydothat]

05:01 PM on 11/12/2011

Which section of the bible covers birth control? this is not a religious issue but a control issue.

[willcorde]

05:33 PM on 11/12/2011

thou shalt not kill

[teresathegreat12]

08:09 PM on 11/12/2011

Preventing conception is not killing. There is nothing to kill. It's the same as using the "Rhythm Method" or "Pulling out" but with better results.

[whydothat]

09:43 PM on 11/12/2011

it was a rhetorical question because the answer was obvious. thanks for playing anyway

[gloriaswanson43]

04:50 PM on 11/12/2011

Why are the Bishops suing Health and Human Services? Why not just stop receiving money from HHS?

[Helema Alkaabi]

05:00 PM on 11/12/2011

you do realise that most of the religious schools do not receive money from HHS or the gov right?

[GOODDOC1]

07:22 PM on 11/12/2011

Student loans probably wouldn't count, but what about Pell Grants?

[gloriaswanson43]

12:48 PM on 11/13/2011

No, I don't. I haven't looked into it that closely. Is this government interference in a private business, do you know?

[Jane Su]

04:44 PM on 11/12/2011

If Catholic institutions can discriminate, then can non Catholic institutions discriminate against Catholics? Even third world countries believe in birth control. The world's resources aren't unlimited, and they belong to everybody, not just people who refuse to use birth control and have a bunch of children who take more from the Earth. We are realistic, we don't expect people to abstain, after all, sex is a human desire/need, we just expect people to use birth control and be considerate of all the other people who share the planet with them, instead of having more children than they and the Earth's resources can support. Quality, not quantity, PLEASE.

[GOODDOC1]

12:15 AM on 11/13/2011

I don't know of any Catholic Colleges except maybe Seminaries that refuse to admit non-Catholic students. Are there any religious Colleges of other denominations that refuse to admit Catholic students? Actually, there are seminaries that admit students of other denominations to programs that don't lead to Ordination.

[Jane Su]

10:43 PM on 11/15/2011

If Catholics don't believe in or don't want to use birth control, it is fine, but if they're doctors, then they have to prescribe birth control. If they're lawyers, then they have to take divorce cases. If they're employers, they have to cover birth control for their employees. If you let your personal beliefs interfere with your work, then you're not fit for jobs that serve larger society.

[kbrown2225]

04:39 PM on 11/12/2011

Oh for god's sake come out of the Middle Ages! I was raised Catholic and this is embarrassing. Additionally if you are going to provide healthcare you have to do it right and you have to do it all. Refusing to provide contraception to those requesting it is neither free speech or religious freedom, it is failure to provide necessary medical procedures. Either come into the 21st Century or get out of the business of providing healthcare.

[basshawgnc]

04:42 PM on 11/12/2011

It's their choice to attend that specific college. If you don't like the rules, go somewhere else.

[kbrown2225]

04:46 PM on 11/12/2011

If the Catholic Church doesn't like the rules it can give up its accredidation and all government support including student aid and loans.

[Gunscout]

11:13 AM on 11/13/2011

Raised. Ah, I believe if I understand your meaning, you're "not practicing". You should remember that the Church does not change it's colors just because it may be on the losing side of a battle. By your avatar, sir, you should understand and feel that concept, thoroughly.

[kbrown2225]

03:19 PM on 11/13/2011

Yeah, you are right I do not actively practice Catholicism but my mother always said, "I baptised you Catholic, so you are a Catholic" God love her, she was always on the lookout to protect my soul.

[Cee JGee]

04:31 PM on 11/12/2011

This is an issue of misconstrued legislation. I wonder what the school's unwanted/teen pregnancy rate is for not providing contraceptives or sex education to the students.

[momschlep]

04:31 PM on 11/12/2011

If they accept both non-Catholic students, and receive Federal Aid, they should be complying with the rules. If they have an only Catholic student body and don't take Federal Aid, they can do what they want. BTW, I am a practicing Roman Catholic.

[Gunscout]

11:06 AM on 11/13/2011

Better do some more practicing. Are you speaking for the Pope, now?

[Mlpasas]

05:45 AM on 11/29/2011

What does accepting non Catholics have to do with anything? They have the choice not to attend the school if they do not like the policies.