Thomas More Law Center

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(Video) Thomas More Law Center HHS Mandate Challenge Headed to the Supreme Court

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Erin Mersino, TMLC Attorney, Discusses HHS Mandate from Thomas More Law Center on Vimeo.

 

The Thomas More Law Center (TMLC), a public interest law firm based in Ann Arbor, MI, late yesterday, filed a Petition for Writ of Certiorari with the Supreme Court asking for review of the HHS Mandate Challenge filed by the Law Center on behalf of Michael Potter and his natural food company, Eden Foods.

Erin Mersino, the Law Center’s lead attorney handling the case, warns “The mandate is poisonous to religious freedom.  The mandate, created by Kathleen Sebelius, an unelected official not answerable to the public, forces business owners to violate their religious faith or pay exorbitant fines.  For Eden Foods, those fines total in excess of $4 million dollars per year.  Either choice is unacceptable.  We are hopeful the Supreme Court will act expeditiously to right this wrong.”

In late October, the Sixth Circuit Court of Appeals denied Potter’s request for a preliminary injunction against the Mandate which requires employers to provide health insurance for their employees which covers 100% of the cost of contraception and abortifacients, as well as related education or pay draconian fines which, in the case of Eden Foods, would amount to over $4.5 million dollars.

The petition specifically asks the court to review the lower court’s decision concerning whether the choice forced on religious employers by the HHS Mandate between subjecting to fines for providing health insurance pursuant to their religious beliefs or violating the tenets of their religious beliefs violates the Religious Freedom Restoration Act and the First Amendment.

Prior to the promulgation of the HHS Mandate, the health insurance offered to employees of Eden Foods was specifically designed to exclude abortifacient drugs and contraceptives in accordance with Potter’s deeply held Catholic beliefs including that “any action which either before, at the moment of, or after sexual intercourse, is specifically intended to prevent procreation, whether as an end or means” – specifically contraception and abortifacients is wrong.

However, in March of 2013, without Potter’s consent or authorization, Eden Foods’ insurance carrier added coverage for abortifacient and contraceptive drugs as prescribed by the HHS Mandate. With no available options for providing health insurance to Eden Foods employees that does not cover contraception and abortifacients, Potter, with TMLC, filed a lawsuit challenging the HHS Mandate.

Thomas More Law Center HHS Mandate Challenge Headed to the Supreme Court

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ANN ARBOR, MI – The Thomas More Law Center (TMLC), a public interest law firm based in Ann Arbor, MI, late yesterday, filed a Petition for Writ of Certiorari with the Supreme Court asking for review of the HHS Mandate Challenge filed by the Law Center on behalf of Michael Potter and his natural food company, Eden Foods.

In late October, the Sixth Circuit Court of Appeals denied Potter’s request for a preliminary injunction against the Mandate which requires employers to provide health insurance for their employees which covers 100% of the cost of contraception and abortifacients, as well as related education or pay draconian fines which, in the case of Eden Foods, would amount to over $4.5 million dollars.

The petition specifically asks the court to review the lower court’s decision concerning whether the choice forced on religious employers by the HHS Mandate between subjecting to fines for providing health insurance pursuant to their religious beliefs or violating the tenets of their religious beliefs violates the Religious Freedom Restoration Act and the First Amendment.

Prior to the promulgation of the HHS Mandate, the health insurance offered to employees of Eden Foods was specifically designed to exclude abortifacient drugs and contraceptives in accordance with Potter’s deeply held Catholic beliefs including that “any action which either before, at the moment of, or after sexual intercourse, is specifically intended to prevent procreation, whether as an end or means” – specifically contraception and abortifacients is wrong.

However, in March of 2013, without Potter’s consent or authorization, Eden Foods’ insurance carrier added coverage for abortifacient and contraceptive drugs as prescribed by the HHS Mandate. With no available options for providing health insurance to Eden Foods employees that does not cover contraception and abortifacients, Potter, with TMLC, filed a lawsuit challenging the HHS Mandate.

Erin Mersino, the Law Center’s lead attorney handling the case, warns “The mandate is poisonous to religious freedom.  The mandate, created by Kathleen Sebelius, an unelected official not answerable to the public, forces business owners to violate their religious faith or pay exorbitant fines.  For Eden Foods, those fines total in excess of $4 million dollars per year.  Either choice is unacceptable.  We are hopeful the Supreme Court will act expeditiously to right this wrong.”

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.

Honoring Our Veterans

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Today on Veterans Day, with solemn pride, we, as a nation, remember and salute the heroic men and women who, through great personal sacrifice, have purchased for us the freedoms which we enjoy.

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Veterans Day is a time to remember the sacrifices of every member of our Armed Forces throughout Our Nation’s history and to remember the heroic sacrifices our courageous men and women are making today.

Today, let us remember to take time to pray for our troops who have died in combat and for their loved ones who still mourn their loss. Let us also pray for our veterans who are suffering the wounds of combat, and for their families.  It is the sacrifices of our veterans and their families that allow us to live freely, enjoying the abundances and splendor of America.

It is appropriate on this Veterans Day to remember the statement contained in a December 4, 1788 letter from Thomas Jefferson to George Washington.  It is embossed over the staircase of the Jefferson Library at the U.S. Military Academy at West Point.

“The power of making war often prevents it and in our case would give efficacy to our desire for peace.”

God bless our veterans and God bless America.

(Video) The Threat to Religious Freedom of Christians in the Military

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In the video below, members of our Armed Forces speak out about the culture of fear and intimidation in the US military that is forcing Christian soldiers to hide their faith.
This is happening despite the fact that, since its inception, America has been considered a Christian Nation.

The overwhelming percentage of the men and women who currently serve in our Armed Forces are Christian. And an overwhelming percentage of those who have died in defense of our country were Christian.

The attacks on Christianity in the military have caused the Bible to be banned from military hospitals, chaplains to be deemed non-essential, prayer to be banned from military funerals and soldiers to be dismissed for voicing their Christian beliefs about homosexual marriage. For a more exhaustive list of attacks on the religious freedom of Christians click here (prepared by the Family Research Council)

The attack on the religious freedom of Christians in the military is a warning for us all of what is coming if we do not stop it now.

 

Join the battle.

Share their story. 

If you are a member of the Armed Forces and believe that your right to religious freedom as a Christian has been violated click here to complete the legal help request form or call the Thomas More Law Center at 734-827-2001.

 

 

 

Player not working? Click here to see the video.

The War on Christmas Continues; the Thomas More Law Center Fights Back

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ANN ARBOR, MI — For the last several years the Thomas More Law Center (TMLC), a national nonprofit public interest law firm based in Ann Arbor, Michigan, has been defending the right of Christians to display nativity scenes on public property and to celebrate Christmas in public schools.

Every Christmas season brings on a new wave of challenges to Nativity Displays and the banning of “religious” music, Christmas concerts and Christmas decorations by public schools. TMLC has successfully defended the proper celebration of this National Holiday in numerous cases.  As in the past, TMLC, yesterday, sent a memo providing legal support for Christmas celebrations and Nativity Displays to over 700 of its affiliated lawyers across the country.

TMLC specifically asked its affiliated attorneys to bring to its attention local bans on Christmas celebrations by municipalities and public schools and to assist citizens who seek to challenge those bans.   Moreover, TMLC will not only use its own staff attorneys to directly assist citizens challenging bans on Christmas celebrations, but will also assist their affiliated attorneys who provide their legal services pro bono.

Richard Thompson, President and Chief Counsel of the Law Center commented, “The war on Christmas is really a war on Christians.  Organizations like the ACLU and Americans United for Separation of Church and State using threats of lawsuits have bullied municipalities and public schools to eliminate the public celebration of Christmas.  Of course the constitutionality of a particular Christmas celebration or Nativity Displays must be judged on its own facts.  But municipalities and schools should be aware that the systematic exclusion of Christmas symbols during the holiday season is not warranted.”

In 1984, Chief Justice Warren Burger had this to say in his opinion upholding the city of Pawtucket, Rhode Island’s nativity display:

“It would be ironic, however, if the inclusion of a single symbol of a particular historic religious event, as part of a celebration acknowledged in the Western World for 20 centuries, and in this country by the people, by the Executive Branch, by the Congress, and the courts for two centuries, would so ‘taint’ the City’s exhibit as to render it violative of the Establishment Clause.  To forbid the use of this one passive symbol – the crèche – at the very time people are taking note of the season with Christmas hymns and carols in public schools and other public places, and while the Congress and Legislatures open sessions with prayers by paid chaplains, would be a stilted over-reaction contrary to our history and to our holdings. If the presence of the crèche in this display violates the Establishment Clause, a host of other forms of taking official note of Christmas, and of our religious heritage, are equally offensive to the Constitution.”

As part of its Christmas Campaign, the Law Center is ready to assist individuals to petition their local governments in writing for permission to erect Nativity Displays.

According to the Thomas More Law Center:

·         The First Amendment protects private speech in traditional public forums, such as public parks, or in what is known as designated public forums, which are public property the government has designated for public assembly and speech.

·         There should be no unreasonable prohibitions against public school students wishing each other “Merry Christmas,” distributing Christmas cards, or wearing clothing displaying a religious message.

·         It is constitutionally permissible for schools to permit the study and performance of religious songs in its public schools, in order to promote the legitimate educational goal of “advancing the students’ knowledge of society’s cultural and religious heritage.”

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.

The War on Christmas Continues; the Thomas More Law Center Fights Back

by

For thnews_img_3679e last several years the Thomas More Law Center (TMLC), a national nonprofit public interest law firm based in Ann Arbor, Michigan, has been defending the right of Christians to display nativity scenes on public property and to celebrate Christmas in public schools.

Every Christmas season brings on a new wave of challenges to Nativity Displays and the banning of “religious” music, Christmas concerts and Christmas decorations by public schools. TMLC has successfully defended the proper celebration of this National Holiday in numerous cases.  As in the past, TMLC, yesterday, sent a memo providing legal support for Christmas celebrations and Nativity Displays to over 700 of its affiliated lawyers across the country.

TMLC specifically asked its affiliated attorneys to bring to its attention local bans on Christmas celebrations by municipalities and public schools and to assist citizens who seek to challenge those bans.   Moreover, TMLC will not only use its own staff attorneys to directly assist citizens challenging bans on Christmas celebrations, but will also assist their affiliated attorneys who provide their legal services pro bono.

Richard Thompson, President and Chief Counsel of the Law Center commented, “The war on Christmas is really a war on Christians.  Organizations like the ACLU and Americans United for Separation of Church and State using threats of lawsuits have bullied municipalities and public schools to eliminate the public celebration of Christmas.  Of course the constitutionality of a particular Christmas celebration or Nativity Displays must be judged on its own facts.  But municipalities and schools should be aware that the systematic exclusion of Christmas symbols during the holiday season is not warranted.”

In 1984, Chief Justice Warren Burger had this to say in his opinion upholding the city of Pawtucket, Rhode Island’s nativity display:

“It would be ironic, however, if the inclusion of a single symbol of a particular historic religious event, as part of a celebration acknowledged in the Western World for 20 centuries, and in this country by the people, by the Executive Branch, by the Congress, and the courts for two centuries, would so ‘taint’ the City’s exhibit as to render it violative of the Establishment Clause.  To forbid the use of this one passive symbol – the crèche – at the very time people are taking note of the season with Christmas hymns and carols in public schools and other public places, and while the Congress and Legislatures open sessions with prayers by paid chaplains, would be a stilted over-reaction contrary to our history and to our holdings. If the presence of the crèche in this display violates the Establishment Clause, a host of other forms of taking official note of Christmas, and of our religious heritage, are equally offensive to the Constitution.”

As part of its Christmas Campaign, the Law Center is ready to assist individuals to petition their local governments in writing for permission to erect Nativity Displays.

According to the Thomas More Law Center:

  • The First Amendment protects private speech in traditional public forums, such as public parks, or in what is known as designated public forums, which are public property the government has designated for public assembly and speech.
  • There should be no unreasonable prohibitions against public school students wishing each other “Merry Christmas,” distributing Christmas cards, or wearing clothing displaying a religious message.
  • It is constitutionally permissible for schools to permit the study and performance of religious songs in its public schools, in order to promote the legitimate educational goal of “advancing the students’ knowledge of society’s cultural and religious heritage.”