A private business in Denver run by a Catholic family has received temporary injunctive relief in its lawsuit against the HHS contraceptive mandate. On Friday, Judge John L. Kane of the U.S. District Court of Colorado ruled that the government’s interests in forcing the coverage were “outweighed by the public interest in the free exercise of religion.” The injunction spares the business, at least for now, from having to provide insurance coverage that violates the religious beliefs of the owners by providing free abortifacient contraception and sterilization to employees.
Government attorneys had zeroed in on sexual equality, saying that the mandate was necessary in “improving the health of women and children . . . so that women who choose to do so can be part of the workforce on an equal playing field with men.”
In ruling in favor of the business, Judge Kane cited the provisions of the 1993 Religious Freedom Restoration Act, saying that the law states the government may not “substantially burden a person’s exercise of religion” unless it is to further “a compelling governmental interest” and it uses “the least restrictive means” possible to implement the law. The judge did not address any issues of constitutionality.
