Catholic university to file appeal in fight against ObamaCare mandate

Published March 24, 2013

| FoxNews.com

The head of an Ohio Roman Catholic university has promised to appeal a federal judge’s decision denying its lawsuit challenging a provision of ObamaCare mandating employer-provided birth control.

“We will not stop fighting this unjust mandate, and we are in this for the long haul,” Father Terence Henry, the president of Franciscan University of Steubenville, said in a statement released Friday.

Franciscan University and an association of Michigan Roman Catholic dioceses sued last year, saying the mandate violates religious freedom by requiring a Catholic entity to comply with the rule.

That portion of the federal health care law came under fire from religious groups that object to the use of contraceptives, sterilization and abortion-inducing drugs. In response to the criticism, the Obama administration has been trying to soften the mandate to accommodate religious groups, such as shifting the requirement from the employers to health insurers themselves.

The Justice Department told the court the school and dioceses are protected from the mandate’s requirements until at least 2014. It also said the lawsuit wasn’t timely because changes were already being made to the regulations to meet the groups’ concerns.

U.S. District Judge Algenon Marbley sided with the government, saying the groups couldn’t prove they would ever likely suffer the harm they allege. He noted that 15 other federal courts have already ruled similar lawsuits weren’t timely and most of those 15 decisions determined the groups filing the lawsuits lacked jurisdiction.

In May, Franciscan University dropped its student health insurance program over the contraception mandate and costs associated with other provisions of the law.

In announcing its decision to drop coverage, the school said it would not participate in a plan that "requires us to violate the consistent teachings of the Catholic Church on the sacredness of human life."

Marble said the university can’t argue harm based on “a phantom specter” created by its own fears, which the government has stated are unsubstantiated, Marbley said.

“It is gravely unfortunate that Franciscan’s students have lost the opportunity to receive health insurance coverage from the University,” the judge said.

“To the extent Franciscan claims its decision to discontinue providing student insurance is a hardship to itself, however, the hardship is self-inflicted,” Marbley continued.

Henry said the university is still being harmed because, while its current health insurance plan is protected by a “grandfathered” status, any changes in the plan could trigger forced acceptance of the mandate.

"We are very confident in the merits of our case, and we will continue to do everything in our power to protect our constitutional right to religious freedom,” Henry said.

The Justice Department and an attorney for the Michigan dioceses both declined requests for comment from the Associated Press.

The Associated Press contributed this report.

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