MuskogeePhoenix.com, Muskogee, OK

November 1, 2012

Hobby Lobby asks judge to block health care law


Associated Press

— OKLAHOMA CITY (AP) — An arts and craft supply company owned by a Christian family asked a judge Thursday to block a portion of the new federal health care law, claiming that mandated coverage for certain birth control pills violates its religious freedom rights.

Hobby Lobby Stores Inc.'s owners believe the use of morning-after and week-after birth control pills are tantamount to abortion because they prevent a fertilized egg from implanting in a woman's womb. At a federal court hearing Thursday, a government lawyer said the drugs do not cause abortions and that the U.S. has compelling interest in mandating insurance coverage for them.

The company, which is self-insured, says it will face a daily $1.3 million fine beginning Jan. 1 — the start of its health insurance plan year — if it ignores the law. U.S. District Judge Joe Heaton did not rule on the company's request for an injunction but noted Hobby Lobby's deadline for compliance.

"This does raise a lot of new and different issues," he said. "There's not a lot of guidance out there."

Hobby Lobby is the largest and only non-Catholic-owned business to file a lawsuit against the U.S. Department of Health and Human Services mandate that forces all companies, regardless of religious conviction, to provide coverage of drugs the lawsuit alleges are abortion-inducing.

Company lawyer Kyle Duncan said "millions of Americans" would consider drugs that prevent a fertilized egg from implanting in the womb an abortifacient.

But government lawyer Michelle Bennett disagreed and said failing to mandate insurance coverage for the drugs would increase the number of unwanted pregnancies.

"It's the government's position that they do not terminate pregnancy," Bennett said.

The Green family filed suit in September, saying the law would force them to "to violate their deeply held religious beliefs under threat of heavy fines, penalties and lawsuits." It claims a U.S. Department of Health and Human Services mandate is unconstitutional.

The morning-after pill works by preventing ovulation or fertilization. In medical terms, pregnancy begins when a fertilized egg attaches itself to the wall of the uterus. If taken within 72 hours of unprotected sex, the pill can reduce a woman's chances of pregnancy by as much as 89 percent.

But critics of the contraceptive say it is the equivalent of an abortion pill because it can prevent a fertilized egg from attaching to the uterus.

According to the lawsuit, the Green family holds a "sincere religious objection" to providing coverage for certain kinds of intrauterine devices and alleges they can cause the death of an embryo by preventing it from implanting in the wall of a woman's uterus.

Hobby Lobby calls itself a "biblically founded business" and is closed on Sundays. Founded in 1972, the company now operates more than 500 stores in 41 states and has more than 13,000 full-time employees who are eligible for health insurance coverage.

The lawsuit also was filed on behalf of another of the Green family's businesses, Mardel Inc., a bookstore and education company also based in Oklahoma City that sells a variety of Christian-themed materials. The company operates 35 stores in seven states and has 372 full-time employees.