Tuesday, September 02, 2014

About  Contact  Join  Donate


Catholic Education Daily

 

Some Hope for Religious Freedom in Supreme Court Ruling

With regard to the ongoing legal battles against the HHS contraceptive mandate, attorneys at the Becket Fund for Religious Liberty see small but hopeful signs in last week's Supreme Court ruling on Obamacare. Hannah Smith, Senior Counsel of the Becket Fund, said in a conference call with the media that the majority opinion penned by Chief Justice John Roberts leaves the door open to additional constitutional challenges. The opinion states, “Even if the taxing power enables Congress to impose a tax on not obtaining health insurance, any tax must still comply with other requirements in the Constitution.” The opinion of Justice Ruth Bader Ginsburg, joined by Justices Sonia Sotomayor, Stephen Breyer and Elena Kagan, explicitly names "the free exercise of religion" as a stop to the government's power. She wrote, “A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.”
That direct mention is a hopeful sign in the battle for religious freedom, Smith said. Mark Rienzi, law professor at The Catholic University of America and senior counsel at the Becket Fund, was also on the call and added that it is “commonplace” for courts to find a regulation unconstitutional even when the law under which it was issued is constitutionally acceptable.
Rienzi noted that Belmont Abbey College was the first to file suit in November, so that case is the furthest along. "We're  now going to forge ahead and make our argument to the district court," he said.
The Becket Fund is representing Belmont Abbey College, Ave Maria University and EWTN among others.

Catholic Education Daily is an online publication of The Cardinal Newman Society. Click here for email updates and free online membership with The Cardinal Newman Society.

Renewal Report

Departments

Minimize

Latest Featured

Catholic Is Our Core

Maximize

More News Categories

Maximize

Subscribe

Minimize

Join Us

Join thousands of Catholic families and individuals standing with The Cardinal Newman Society for faithful Catholic education. Members receive news roundups by email, about weekly.

Start your no-cost membership now!

Minimize

Donate

Our work is possible only through the generosity of countless supporters who share our mission. We have promoted and defended faithful Catholic education for 20 years! Please support our successful work by making a donation today.

Minimize

Stay Connected

Keep up with the latest developments by joining our social media networks:

Facebook

Twitter

Google Plus

Linkedin

Connect on Facebook

Maximize

Links to News Sites

Maximize

Links to Blog Sites

Catholic Identity Concerns|Faith in Education|From the Bishops and Vatican|Religious Freedom | Terms Of Use | Privacy Statement
Copyright 2014 by Cardinal Newman Society -- 9720 Capital Ct., Ste. 201, Manassas, VA 20110