Wednesday, June 26, 2013

Another Contraceptive Coverage Mandate Challenge Filed By Small Business

New lawsuits by small for-profit businesses challenging on religious freedom grounds the Affordable Care Act's contraceptive coverage mandate are still being filed.  As reported by the Charleston (WV) Daily Mail, the latest lawsuit was brought in federal court this week by a West Virginia auto dealership and its born-again Christian owner who claim that some of the emergency contraceptives required to be covered are abortifacients. The complaint (full text) in Holland v. U.S. Department of Health and Human Services, (SD WV, filed 6/24/2013), contends that required coverage for ella and Plan B, along with related counseling, violates plaintiffs' rights under the First Amendment and RFRA:
Plaintiffs believe it would violate the Sixth Commandment for them to engage in any manner in the facilitation or endorsement of abortion.
Claiming that the incorporated auto dealership has its own free exercise rights, the complaint alleges:
Holland Chevrolet, as a cognizable legal person, embraces and conducts itself in accordance with the same religious principles that animate its president, chairman of the board, and principal stockholder. In Mr. Holland's view, his right to free exercise of religion should not be limited by the form in which he elects to do business.