UPDATED: Temporary Injunction Granted! Dept. of Justice to Colorado Family: Give Up Your Religion or Your Business

By Terence P. Jeffrey
7/30/2012
CNSNews (www.cnsnews.com)

The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

While much of the media attention on Sebelius' regulation has focused on the fact that it will apply to famous Catholic religious institutions such as Catholic University and the University of Notre Dame, the Catholic bishops have repeatedly pointed out that the regulation also violates the First Amendment-protected religious liberty of lay Catholic individuals. That includes employees who will be forced to pay insurance premiums on insurance plans that violate the teachings of their faith and business owners who will be forced to provide such plans.

Shown here, from left to right, are James Newland, Andrew Newland, Paul Newland and William Newland. William, Paul and James, plus their sister Christine, own Hercules. Andrew, William's son, is vice president of the family business

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WASHINGTON, DC (CNSNews.com) - (CATHOLIC ONLINE EDITORS NOTE:We are happy to report that Terry Jeffrey just posted an update to his original story entitled "Judge Temporarily Stops Administration from Forcing Christian Family to Act Against Faith" Terry reports that "U.S. District Judge John L. Kane issued an injunction Friday that temporarily prohibits the Obama administration from forcing a Christian family in Colorado to act against its faith in the way it operates its heating, ventilation and air-conditioning business".

"The injunction spares the family from complying with an Obamacare regulation while the judge decides on its merits the lawsuit the family has brought contending the regulation violates their First Amendment right to the free exercise of religion.")

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The Justice Department last week presented the Newland family of Colorado--who own Hercules Industries, a heating, ventilation and air-conditioning business--with what amounted to an ultimatum: Give up your religion or your business.

"Hercules Industries has 'made no showing of a religious belief which requires that [it] engage in the [HVAC] business," the Justice Department said in a formal filing in the U.S. District Court for the District of Colorado.

In response to the Justice Department's argument that the Newlands can either give up practicing their religion or give up owning their business, the Alliance Defending Freedom, which is representing the family, said in a reply brief: "[T]o the extent the government is arguing that its Mandate does not really burden the Newlands because they are free to abandon their jobs, their livelihoods, and their property so that others can take over Hercules and comply, this expulsion from business would be an extreme form of government burden."

Now that the Supreme Court has upheld the Patient Protection and Affordable Care Act and its mandate that individuals must buy health insurance, this suit which seeks to protect a small business from being forced to take actions that violate the moral and religious beliefs of the family that owns it is likely to be the next major court battle over Obamacare.

At stake is whether businesses are protected by the First Amendment-the part of the Bill of Rights that guarantees not only the free exercise of religion but also freedom of speech and of the press.

The Justice Department's filing was made in Newland v. Sebelius -- a suit brought by William, Paul and James Newland, and their sister, Christine Ketterhagen, who are Roman Catholics, and who together own Colorado-based Hercules Industries. The Newland family founded Hercules in 1962 and have maintained it as a family-owned business ever since-growing it to the point where they now employ 265 people.

The Newlands' lawsuit challenges a regulation that Health and Human Services Secretary Kathleen Sebelius finalized earlier this year that requires virtually all health plans to cover--without cost-sharing--sterilizations and all Food-and-Drug Administration approved contraceptives, including those that induce abortions.

Under the Obamacare law, businesses that have more than 50 employees must provide health insurance to their employees or face a penalty. To satisfy the mandate, the insurance must include the cost-sharing-free sterilization-contraception-abortifacient benefit. The regulation takes effect on Aug. 1, which means that as soon as any business starts a new plan-year for its health-insurance program after that date it will need to comply with Sebelius's rule.

The Catholic Church, to which the Newlands belong, teaches that sterilization, contraception and abortion are intrinsically immoral. Last month, the Catholic bishops of the United States unanimously adopted a statement declaring Sebelius's regulation an "unjust and illegal mandate" and a "violation of personal civil rights."

In their unanimous statement, the Catholic bishops declared that Sebelius's regulation created ...

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1 - 10 of 79 Comments

Charlie
9 months ago
JoAnne: Of course I have not been in 90% of the churches. But many, many, Catholics that I come across do not know basic teachings!!: Skipping Mass is a grave sin! Artificial contraception is grave sin! ! Envitro fertilization is grave sin!! Not going to mass for 51 weeks then ducking in at Christmas AND taking communion are two grave sins ....and on and on. These include people who have been to Catholic schools. JoAnne. People don't know these things because-- true like you say, they don't study their faith much, but also they have not heard such things from the pulpit. Or if they have they have not heard it enough, This Sebelius woman at HHS is a Catholic that is an example either of a woefully and hopelessly ignorant lay person, or she is a will full and contemptuously complicit apostate that is jamming this mandate down American throats. God help us.
JoAnn
9 months ago
Charlie: Not joking one bit. For one, I haven't been to 90% of the parishes in the US. And, I'd be willing to bet you haven't either. Sorry Charlie, I have been very fortunate to have had wonderful parishes in my lifetime. But I must admit, when I was in school, we heard a lot of fire and brimstone from the pulpit. That was WAY before Lyndon Johnson was president with his 501 nonsense. I've only been in 6 parishes in my entire lifetime. As I said in a previous comment, my current parish had an in depth study on the CCC. It took 4 years. The priest in my parish hosted it. We went through the CCC paragraph by paragraph. It was wonderful. I went to wonderful Catholic schools. As a matter of fact, nuns did the teaching. But even with the wonderful Catholic education I received, I still kept up with my Catholic education on my own. One can never learn enough about our awesome Faith. Even now, as an old lady, I still learn wonderful things about our Faith. It is a lifetime journey. That's why I say there is no excuse for a Catholic not to know their faith. Jesus said "Seek and you shall find." God bless.
Charlie
9 months ago
JoAnne: Not to belabor the point, but are you seriously trying to tell us that you have not experienced first hand the watered down Catholicism that is taught in 90% of the parishes in the US? You have got be joking.
JoAnn
9 months ago
Vance: I know and it is truly sad. The "progressive socialists" have really cheated them out of knowing their wonderful history. They probably don't even know who first tried to get civil rights laws passed for them. It was Eisenhower, back in the 50's when he was president. He presented congress with a civil rights bill and the Senate Majority Leader at that time filibustered it. He wouldn't even bring it up for a vote. Just like "Dirty Harry." They would have gotten civil rights way before they did. Eisenhower tried many times. Guess who the Senate Majority Leader was at that time. Good ole Lyndon Johnson. He refused to even consider it. Funny huh? The VILLAIN in the 50's turns out to be the hero in the 60's. Finally, he brought it before Congress because he was really feeling the pressure from MLK. He wasn't worried because he was sure it wouldn't pass. He was really disappointed when it did. When he finally signed it, he said (this is the absolute truth) "Well, we have the Black vote now. As long as we keep them on the "Plantation," we will always have their vote." He was a horrible man. Vance, have you read "Agenda 21" and "Global Trends 2025: A Transformed World". If not, try and fit them into your schedule. They are mind boggling. God bless.
Vance
9 months ago
JoAnn, thank you for the additional references. Sadly, the Black population has been victims of the Liberal Teachers Unions that have deliberately kept history from from them. Over the last 50 years, Liberal Teachers held Black students down as evidenced by the state and national achievement scores. Today, the average college student couldn't tell you where Des Moines, Iowa. The Marxists have succeeded in dumbing down our nation's children.
JoAnn
9 months ago
The only "New Plantation" I want to live on is the new HEAVENLY plantation. The "New Plantation" being created now by this communist administration is nothing but slavery again.
The more the government gives us, the more they can take away. Has anyone observed Greece lately? God bless.
Judy Claar
9 months ago
Jo Ann: The New Plantation sounds wonderful to me! Thanks for the info. Blessings...
JoAnn
9 months ago
Vance: One more thing. If our black brothers and sisters would read some of the wonderful history that David has written about regarding their contriburion to the founding this nation, they also would be amazed. One book that comes to mind is "Setting the Record Straight: American History in Black & White." This book is about the forgotten heroes and untold stories from our rich African American political history. It's history that they and us for that matter, were never taught in schools and why it wasn't taught. To name a few: Rev. Richard Allen, the founder of America's first black denomination. Rev. Frederick Douglass, the first African American to be appointed to office in four different presidential administrations and a very close friend to Abraham Lincoln. Joseph Hayne Rainey, the first African American elected to the U. S. Congress. Rev. Hiram Rhodes Revels, the first black U. S. Senator. Rev. Henry Highland Garnet, the first African Amaerican to deliver a "sermon" in Congress. John Rock, the first African American admitted to the U. S. Supreme Court Bar. These are just a few of our black heroes that we have been "kept" from learning about. "The growth, and scope and reach of our government is the "New Plantation." Herman Cain. God bless.
JoAnn
9 months ago
Vance: Wallbuilders.org. is a wonderful Christian link. David Barton, who heads up this company, is an historical genius. Ask him anything about American history. He has thousands of original documents from the Founding Fathers and has written books that will give you an education about our heritage that will amaze you. Happy hunting. I hope you enjoy this link as much as I have. God bless.
Vance
9 months ago
JoAnn, Thank you for the reference. I'll use it. This is what we Catholics need to be engaged in. This is long overdue. Keep up the good work.

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