An appeals court said Thursday that Hobby Lobby and a sister company that sells Christian books and supplies can fight the nation’s new health care law on religious grounds, ruling the portion of the law that requires them to offer certain kinds of birth control to their employees is particularly onerous, and suggesting the companies shouldn’t have to pay millions of dollars in fines while their claims are considered.
The 10th Circuit Court of Appeals in Denver said the Oklahoma City-based arts and crafts chain, along with Mardel bookstores, not only can proceed with their lawsuit seeking to overturn a portion of the Affordable Care Act, but can probably win.
The judges unanimously sent the case back to a lower court in Oklahoma, which had rejected the companies’ request for an injunction to prevent full enforcement of the new law.
“Hobby Lobby and Mardel have drawn a line at providing coverage for drugs or devices they consider to induce abortions, and it is not for us to question whether the line is reasonable,” the judges wrote. “The question here is not whether the reasonable observer would consider the plaintiffs complicit in an immoral act, but rather how the plaintiffs themselves measure their degree of complicity.”
