Obamacare Injunction Denied to Philly Diocese

Obamacare Injunction Denied to Philly Diocese

By ROSE BOUBOUSHIAN 

federal judge denied injunctive relief to Catholic charities in Philadelphia that are challenging the so-called contraception mandate in the new health care reform law.
     The Roman Catholic Archdiocese of Philadelphia and 17 of its organizations sued the Obama administration and demanded an injunction to the women's preventive health care regulations of the Patient Protection and Affordable Care Act of 2010 last month.
     "The church teaches that life begins at the moment of conception, sexual union should be reserved to committed marital relationships in which husband and wife are open to the transmission of life, and, therefore, artificial interference with life and conception are contrary to core beliefs," its lawsuit said.
     Noting the church's opposition to "facilitating the use of contraceptive services" or "associat[ing] in any way with the provision of contraceptive services," the archdiocese said that the health insurance it has provided to more than 4,000 employees through a self-insured Independence Blue Cross "church plan" contained an exemption from the requirements of the Employee Retirement Income Security Act of 1974.
     The plan, which expired on June 30, did "not offer coverage for contraceptives," except when prescribed for "non-contraceptive, medical purposes," according to the complaint.
     Though the church alleged that Obamacare's requirements violated its rights under the Religious Freedom Restoration Act (RFRA), U.S. District Judge Ronald Buckwalter denied it an injunction June 26.
     "There is no evidence in the record to support plaintiffs' speculation that Independence Blue Cross will provide contraceptive services to the participants and beneficiaries of plaintiffs' self-insured plan simply because doing so would make Independence Blue Cross eligible to receive a government benefit," Buckwalter wrote. "It is equally conceivable that Independence Blue Cross would conclude that it is in its overall economic interest to forego the government benefit and continue to adhere to the wishes of its client."

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