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ANN ARBOR, MI – This past Friday, Federal District Court Judge Colleen Kollar-Kotelly of the United States District Court for the District of Columbia, issued a preliminary injunction banning the enforcement of the HHS Mandate in a lawsuit filed by The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan.  TMLC filed the lawsuit on behalf of two brothers, Shaun and Michael Willis, one a Catholic and the other a Protestant, and their family-owned law firm, Willis Law, located in Kalamazoo, MI.

The lawsuit is one of several legal challenges the TMLC has mounted on behalf of committed Christians in direct opposition to the HHS Mandate promulgated by the Obama Administration.  The HHS Mandate, which refers to a set of regulations adopted by the Department of Health and Human Services, forces employers to include coverage for abortion inducing pharmaceuticals, sterilization, and related counseling and education as part of employer sponsored health care plans, regardless of any moral or religious objections that the employer may have.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center commented, “This case is about the religious freedom of Christians to peaceably practice their faith free from government coercion.  In direct violation of one of America’s founding principles, the Federal Government knowingly forces those who believe in the sanctity of human life to choose between following the law and following their conscience.”  In this particular case, the Department of Justice did not oppose TMLC’s motion for the entry of the Preliminary Injunction.

Both Shaun and Michael Willis are devout pro-life Christians with a deep religious conviction that abortion, abortifacients and life-ending contraceptives are gravely immoral practices which result in the destruction of innocent life.

Prior to the HHS Mandate, the Willis brothers were able to exclude coverage for life-ending contraception, sterilization, abortion, and abortifacients. However, these exclusions now put the Willis Brothers in violation of the HHS Mandate; a violation that would have cost them over half a million dollars in fines per year had they not obtained an injunction. The preliminary injunction now allows the Willis Brothers to continue providing health insurance to their employees that is in not in violation of their deeply held religious beliefs and conscience.

For the Willis brothers, being forced by the government to fund, promote and assist others in obtaining services which destroy innocent life is tantamount to being a participant in a gravely immoral practice.

The Willis brothers’ Christian values are evident in their support for multiple faith- based organizations including Kalamazoo Right to Life, Alternatives Pregnancy Care Center, and Young Life Kalamazoo.

The lawsuit, filed on July 24, 2013 by the TMLC on behalf of the Willis brothers, claims that the HHS Mandate violates the Religious Freedom Restoration Act and the Administrative Procedure Act while also challenging the constitutionality of the HHS Mandate under the First Amendment rights to the Free Exercise of Religion, Free Speech and the Establishment Clause.

Named as Defendants in the lawsuit are Kathleen Sebelius, Secretary of the Department of Health and Human Services; Thomas Perez, Secretary of the Department of Labor; Jack Lew, Secretary of the Department of Treasury; and their respective departments.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, filed a federal lawsuit last week against the City of New Rochelle, NY, its Mayor and five members of the City Council for confiscating the “Don’t Tread on Me” Flag (known as the Gadsden Flag) from a flagpole at the local Armory.  The lawsuit was filed on behalf of the United Veterans Memorial & Patriotic Association of New Rochelle (UVMPA-NR) and its president, Peter Parente, a Marine Corps veteran.

The Gadsden Flag is a historical American flag with a yellow field depicting a snake coiled, ready to strike.  Positioned below the snake are the words “Don’t Tread on Me.”  In 1775, the flag was designed by and is named for Revolutionary general and statesman Christopher Gadsden.  The Gadsden Flag is considered the first flag of the Continental Navy.

On March 21, 2013, at an official ceremony, the Veterans unfurled a new American flag to replace a tattered one, damaged in Hurricane Sandy.  Beneath the American flag the Veterans raised the Gadsden Flag. The New Rochelle Armory was an active New York State Naval Militia Armory and training facility for the Navy and Marines between the 1930’s and 1990’s.  Over fifty years ago, the City of New Rochelle chartered the Veterans group to conduct patriotic services, which included ceremonies to honor its Veterans, the care of city memorials and monuments, and the upkeep and maintenance of the Armory flag and memorials.

Within a week of the March 21, 2013 ceremony, City Manager Chuck Strome ordered Peter Parente to remove the Gadsden Flag because it was a Tea Party symbol.  Strome changed his mind after Parente provided him with information describing the historical significance of the flag.  However, less than 3 hours later, Parente was informed that the New Rochelle City Council ordered removal of the flag.  It was later discovered that the Council’s meeting violated New York’s open meeting laws and neither the public nor the two Republican council members were notified.  The Gadsden Flag was retired by the Veterans and confiscated by the Public Works Department.  The flaghas not been returned.

The City of New Rochelle granted UVMPA-NR and predecessor organizations the right display and maintain flags on the flag pole located at the Armory, and to conduct ceremonies and events since the period following World War II through the present.

The purpose of the lawsuit is obtain a court ruling that declares the New Rochelle City Council’s actions violated UVMPA-NR’s constitutional and statutory rights. Additionally, it seeks to return the flag to the Veterans and allow them to fly the Gadsden Flag over the Armory.

Named as Defendants in the lawsuit are Noam Bramson, Mayor of the City of New Rochelle; and City Council Members of the City of New Rochelle; Barry R. Fertel, Ivar Hyden, Shari B. Rackman, Jared R. Rice, and Charles B. Strome.  The two Republican council members who voted against removal of the flag were not included in the lawsuit.

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.

ANN ARBOR, MI – The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, Michigan, today filed a lawsuit in the United States District Court for the District of Columbia challenging the Obama Administration’s HHS Mandate.  The lawsuit was brought on behalf of two brothers, one a Catholic and the other a Protestant, and their family-owned law firm, Willis & Willis, PLC.

Michael and Shaun Willis began their family law practice in their hometown of Kalamazoo, MI. They dedicate their practice to God and to the memory of their brother, Marine Corporal Christopher Kelly Willis who, while still in the service, was tragically killed in a car accident after returning home from his combat tour in Operation Iraqi Freedom.  Michael and Shaun believe that their brother Christopher dedicated his short life to protecting those freedoms guaranteed by our Constitution and that those freedoms are now under attack here at home by the HHS Mandate.

This is the seventh challenge to the HHS mandate filed by TMLC.

Erin Mersino, TMLC’s lead attorney on the case, commented, “That our own government is knowingly displaying such a lack of tolerance for faithful Christians is outrageous.  The HHS mandate must be ruled unconstitutional or there will be no end to the federal government’s intrusion on the religious liberties of Christians.“

The Willis brothers have always conducted their legal practice with integrity and in compliance with the teachings and values of theirChristian faith.  They founded and fund the Corporal Christopher Kelly Willis Foundation to fulfill the Foundation’s mission to provide Great Rewards for Great Warriors via its campaign to provide college scholarships to children whose military parent has been killed or permanently disabled in a combat zone.  The Foundation reminds children that their parents, who gave their lives in battle defending our freedoms, are American heroes who did not die in vain.

Both Michael and Shaun are devout, pro-life Christians. They share a deep religious conviction that abortion, abortifacients, and life-ending contraceptives are a grave sin.

In all aspects of their personal and professional lives, they live out their Christian faith.   They formed the organization, Christian Legal Aid of Southeast Michigan, a nonprofit firm providing pro bono legal services to local homeless persons.  Additionally, attorneys at Willis & Willis are encouraged to ‘tithe’ at least 10% of their time each year to pro bono, civic or community services.  The firm also supports multiple faith based organizations such as Kalamazoo Right to Life, Alternatives Pregnancy Care Center, and Young Life Kalamazoo to name a few.

Based on their deeply held religious beliefs, the Willis brothers were able to exclude insurance coverage for contraception, sterilization, abortion, and abortifacients.

However, the HHS Mandate now requires them to pay for health insurance that covers abortion-inducing drugs, contraception and sterilization or pay enormous fines.   The Complaint states,

“The Mandate not only forces Plaintiffs to finance abortion, and related education and counseling as health care, but also subverts the expression of Plaintiffs’ religious beliefs, and the beliefs of millions of other Americans, by forcing Plaintiffs to fund, promote, and assist others to acquire services which Plaintiffs believe involve gravely immoral practices, including the destruction of innocent life.”

Because of the HHS Mandate, the Willis brothers must choose between violating their faith and violating the law—an unconstitutional choice.

The purpose of the lawsuit is to seek a court ruling that declares the HHS Mandate violates Constitution and Federal statutes and to permanently block its enforcement.

Click here to read the entire 40-page lawsuit.

Should the Willis lawfirmrefuse to abide by the requirements of the HHS Mandate, they would face tax penalties equivalent to $100 per day per employee for 15 full-time employees or approximately $547,500 each tax year.  The Mandate also exposes them to substantial competitive disadvantages, in that they will no longer be permitted to offer health insurance.

The lawsuit challenges the constitutionality of the HHS Mandate under the First Amendment rights to the Free Exercise of Religion, Free Speech and the Establishment Clause.   It also claims that the HHS Mandate violates the Religious Freedom Restoration Act and the Administrative Procedure Act.

Named as Defendants in the lawsuit are Kathleen Sebelius, Secretary of the Department of Health and Human Services; Seth D. Harris, Acting Secretary of the Department of Labor; Jack Lew, Secretary of the Department of Treasury; and their respective departments.

The first paragraph of the lawsuit succinctly sets forth its basis: “This is a case about religious freedom.  Thomas Jefferson, a Founding Father of our country, principal author of the Declaration of Independence, and our third president, when describing the construct of our Constitution proclaimed, “No provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority.’”

The Thomas More Law Center defends and promotes America’s Judeo-Christian heritage and moral values, including the religious freedom of Christians, time-honored family values, and the sanctity of human life.  It supports a strong national defense and an independent and sovereign United States of America.  The Law Center accomplishes its mission through litigation, education, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  You may reach the Thomas More Law Center at (734) 827-2001 or visit our website at www.thomasmore.org.