Thomas More Law Center

The Sword and Shield for People of Faith

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Healthcare Website Failures Force New HHS Mandate Challenge

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ANN ARBOR, MI – The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, MI, filed a federal lawsuit yesterday eveningon behalf of Joseph Williams III, his son Joseph Williams IV, his brother Mark Williams (the Williams Family), and their business Electrolock, located in Hiram, Ohio.  The lawsuit challenging the constitutionality of the HHS Mandate was filed in the Federal District Court for the District of Columbia.

The Williams Family, who are devout Catholics, object to the HHS mandate requirement that they provide insurance for their employees covering abortifacients, contraception and sterilization.  The Williams Family cannot abandon their religious beliefs and supply the mandated services, drugs and devices.  Therefore, in an effort to avoid compromising their religious beliefs by complying with the HHS Mandate, the Williams Family initially paid each of their 43 employees several thousand dollars so the employees could purchase their own health insurance through the government Exchanges.

When employees began to have problems with the Exchange website, the Williams Family had to respond to the complaints and the serious concerns of their employees who were facing loss of health care, frustration with the flawed government website, and the decision to look for other employment that did provide healthcare.  The Williams Family wishes to continue providing the quality healthcare that it has provided to its employees for the last several years in accordance with their Christian Stewardship and Catholic Beliefs.  At this point, with the HHS Mandate being the law of the land, the only way this can be done is by seeking relief from the courts.

Erin Mersino, the TMLC attorney who is handling the case, commented, “The Federal government is violating the Williams Family’s constitutional right to religious freedom.   If the HHS Mandate is allowed to stand, the Free Exercise of Religion guaranteed under our Constitution will have little meaning.”

Under the final HHS Mandate rule, the Williams Family is being forced to make a choice: comply with the HHS mandate and violate their religious beliefs or terminate their insurance plan which would eventually send the company into bankruptcy when draconian fines kick in next year for employers with less than 50 employees.

In a final attempt to provide for their employees in good conscience, the Williams Family has organized a self-insured employee health plan which they are seeking to implement. However, since the plan excludes abortion, sterilization, contraception, abortifacients and related education, the Williams Family requires an injunction from the court in order to implement the plan without penalties, which would exceed $1.5 million dollars per year.

Prior to Obamacare and the HHS Mandate, as faithful stewards of the Catholic faith, the Williams Family have always offered health insurance which excludes abortion, sterilization, contraception, abortifacients and related education. They have stated both orally and in writing that their Catholic faith dictates that the very commission of providing abortifacient drugs to their employees is a formal cooperation with evil.

In accordance with their practice of stewardship, the Williams Family donate approximately 10% of their pre-tax earnings to the Catholic Church while also donating to the religious organizations such as the Apostolate for Family Consecration, Franciscan University and the Knights of Columbus.

Richard Thompson, TMLC President and Chief Counsel, commented, “Despite all of  the political and media focus on the problems created by Obamacare and its dysfunctional healthcare website, we must not lose sight of the fact that the HHS Mandate violates our first and most sacred freedoms—freedom of religion and conscience.   And in this regard, all Americans, not just Catholics or Protestants, must be concerned.  Americans cannot remain indifferent to the fact that one of our most fundamental rights under our Constitution is under attack.  This is why TMLC has thus far filed ten Federal lawsuits on behalf of both Catholics and Protestants challenging the HHS Mandate.”

The Law Center’s lawsuit challenges the constitutionality of the HHS Mandate under 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.

The lawsuit names as Defendants in the lawsuit 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.

Healthcare Website Failures Force New HHS Mandate Challenge

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The Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, MI, filed a federal lawsuit yesterday evening on behalf of Joseph Williams III, his son Joseph Williams IV, his brother Mark Williams (the Williams Family), and their business Electrolock, located in Hiram, Ohio.  The lawsuit challenging the constitutionality of the HHS Mandate was filed in the Federal District Court for the District of Columbia.

The Williams Family, who are devout Catholics, object to the HHS mandate requirement that they provide insurance for their employees covering abortifacients, contraception and sterilization.  The Williams Family cannot abandon their religious beliefs and supply the mandated services, drugs and devices.  Therefore, in an effort to avoid compromising their religious beliefs by complying with the HHS Mandate, the Williams Family initially paid each of their 43 employees several thousand dollars so the employees could purchase their own health insurance through the government Exchanges.

When employees began to have problems with the Exchange website, the Williams Family had to respond to the complaints and the serious concerns of their employees who were facing loss of health care, frustration with the flawed government website, and the decision to look for other employment that did provide healthcare.  The Williams Family wishes to continue providing the quality healthcare that it has provided to its employees for the last several years in accordance with their Christian Stewardship and Catholic Beliefs.  At this point, with the HHS Mandate being the law of the land, the only way this can be done is by seeking relief from the courts.

Erin Mersino, the TMLC attorney who is handling the case, commented, “The Federal government is violating the Williams Family’s constitutional right to religious freedom.   If the HHS Mandate is allowed to stand, the Free Exercise of Religion guaranteed under our Constitution will have little meaning.”

Under the final HHS Mandate rule, the Williams Family is being forced to make a choice: comply with the HHS mandate and violate their religious beliefs or terminate their insurance plan which would eventually send the company into bankruptcy when draconian fines kick in next year for employers with less than 50 employees.

In a final attempt to provide for their employees in good conscience, the Williams Family has organized a self-insured employee health plan which they are seeking to implement. However, since the plan excludes abortion, sterilization, contraception, abortifacients and related education, the Williams Family requires an injunction from the court in order to implement the plan without penalties, which would exceed $1.5 million dollars per year.

Prior to Obamacare and the HHS Mandate, as faithful stewards of the Catholic faith, the Williams Family have always offered health insurance which excludes abortion, sterilization, contraception, abortifacients and related education. They have stated both orally and in writing that their Catholic faith dictates that the very commission of providing abortifacient drugs to their employees is a formal cooperation with evil.

In accordance with their practice of stewardship, the Williams Family donate approximately 10% of their pre-tax earnings to the Catholic Church while also donating to the religious organizations such as the Apostolate for Family Consecration, Franciscan University and the Knights of Columbus.

Richard Thompson, TMLC President and Chief Counsel, commented, “Despite all of  the political and media focus on the problems created by Obamacare and its dysfunctional healthcare website, we must not lose sight of the fact that the HHS Mandate violates our first and most sacred freedoms—freedom of religion and conscience.   And in this regard, all Americans, not just Catholics or Protestants, must be concerned.  Americans cannot remain indifferent to the fact that one of our most fundamental rights under our Constitution is under attack.  This is why TMLC has thus far filed ten Federal lawsuits on behalf of both Catholics and Protestants challenging the HHS Mandate.”

The Law Center’s lawsuit challenges the constitutionality of the HHS Mandate under 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.

The lawsuit names as Defendants in the lawsuit 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.

Obama Continues Efforts to Emasculate our Military; This time with a new “Girly” Hat for Marines.

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Note:news_img_3670 TMLC has verified this story. We obtained a copy of the survey which references putting both men and women in the “girly” hat and have verified that the   Department of Defense (a part of Obama’s administration) has in fact asked the Armed Services to move towards gender neutral uniforms.

 

Even though an Army veteran, I have always admired the Marine Corps uniform and the history behind it.  But now in an effort to further emasculate our military, the Obama administration has directed a unisex hat for the Marine Corps.  The Marines I know would “rather fight than switch.”  And despite the serious damage to our national security caused by force reductions and incomprehensible proposals like giving “medals for not shooting,” this new Obama directive has forced the Marine Corps to spend their time squabbling about fashion, hats in particular.

In a scene one would expect from the board room of a glossy fashion magazine, Marine Corps officials have been reduced to women in impractical shoes arguing about whether or not a proposed amendment to the Marine Corps uniform is “too French” for the US military.

The fashion debate comes as a result of an Obama directive to create a more unisex uniform for members of the Armed Forces. Currently, men and women wear gender specific uniforms and hats.

This particular Obama “agenda before national security” move to replace the current Marine Corps hat, or cover, with one that is more unisex comes with a sticker price of over $8 million dollars. The porter’s hat design with a smaller ridge than the current design is similar to an older design worn by the Marine Corps for 6 years from 1908-1914.

Obama’s directive comes at a time when the US military is reeling from the budget crisis. Yet, for the Obama administration, the focus on hats over bullets is par for the course. Obama’s priorities are reminiscent of Humphrey Bogart’s focus on strawberries in the 1954 war movie “The Caine Mutiny.”

Unfortunately, for our National Security, the military just isn’t on Obama’s list of priorities unless it’s to inflict damage. The recent partial government shutdown brought outrageous examples of Obama’s social policy approach to his Commander-in-Chief role which actually, in some instances, cost the US more money beginning with his initial policy barring veterans from war memorials, continuing through to bizarre interpretations of the “Pay Our Military Act” leading to the denial of timely military death benefits and the suspension of religious services for military installation personnel served by contracted Catholic chaplains.

Similarly, other past social agenda items forced on the military have also highlighted Obama’s willingness to serve his own social ideology including repeal of Don’t Ask, Don’t Tell which according to General James Amos, the Marines Commandant, presents a risk to unit cohesion and combat effectiveness.

Government Capitulates—Catholic Priest Allowed to Hold Religious Services at Naval Base Again; Chapel Doors Open to Catholic Parishioners

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ANN ARBOR, MI – The Government capitulated just one day after the Thomas More Law Center (TMLC), a public interest law firm based in Ann Arbor, MI, filed a federal lawsuit challenging the Department of Defense’s actions which prohibited a Catholic Priest from celebrating Mass at a Naval base under threat of arrest and barred the Chapel to Catholic religious services due to the government shutdown.

TMLC attorney Erin Mersino filed the lawsuit in the Federal District Court in Washington DC on Monday on behalf of Father Ray Leonard and Fred Naylor, a parishioner. The lawsuit is the only legal challenge to the Government’s shutdown of religious services. Other Christian denominations were allowed to continue their religious services.

Late yesterday afternoon, in response to the lawsuit, three attorneys from the Department of Justice contacted TMLC attorney Erin Mersino by phone and indicated that Father Leonard could resume all of his religious duties beginning this morning, and that the Chapel would be open for all Catholic activities. These representations made by the Department of Justice attorneys were confirmed by orders to Father Leonard delivered through the Navy chain of command.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, said, “The actions of the Federal Government were a blatant attack on religious liberty. I would never have imagined that our Government would ever bar Catholic Priest from saying Mass under threat of arrest and prevent Catholics from participating in their religious exercises. Allowing the Chapel doors to open and Father Leonard to fulfill his priestly responsibilities does not erase the Constitutional violations that occurred. We don’t want this to occur again the next time there is a government shutdown. Our lawsuit will continue.”

On October 4, 2013, the Department of Defense informed Fr. Leonard that he was non-essential and would be furloughed, even given provisions in the Pay Our Military Act which cover the services of employees who contribute to the morale and wellbeing of the armed services. Fr. Leonard was threatened with arrest for visiting the chapel where the Holy Eucharist was stored or celebrating Holy Mass on base on a voluntary basis. Protestant religious services at Kings Bay were allowed to continue throughout the shutdown. Only Catholic service members were left without services.

During the government shutdown, Fr. Leonard and his congregation were forced to cancel daily and weekend mass, special blessings, marriage preparation classes, counseling sessions, confessions and confirmations.

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.

Government Capitulates—Catholic Priest Allowed to Hold Religious Services at Naval Base Again; Chapel Doors Open to Catholic Parishioners

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news_img_3659

The Government capitulated just one day after the Thomas More Law Center (TMLC), a public interest law firm based in Ann Arbor, MI, filed a federal lawsuit challenging the Department of Defense’s actions which

prohibited a Catholic Priest from celebrating Mass at a Naval base under threat of arrest and barred the Chapel to Catholic religious services due to the government shutdown.

TMLC attorney Erin Mersino filed the lawsuit in the Federal District Court in Washington DC on Monday on behalf of Father Ray Leonard and Fred Naylor, a parishioner.  The lawsuit is the only legal challenge to the Government’s shutdown of religious services.  Other Christian denominations were allowed to continue their religious services.

Late yesterday afternoon, in response to the lawsuit, three attorneys from the Department of Justice contacted TMLC attorney Erin Mersino by phone and indicated that Father Leonard could resume all of his religious duties beginning this morning, and that the Chapel would be open for all Catholic activities.  These representations made by the Department of Justice attorneys were confirmed by orders to Father Leonard delivered through the Navy chain of command.

Richard Thompson, President and Chief Counsel of the Thomas More Law Center, said, “The actions of the Federal Government were a blatant attack on religious liberty. I would never have imagined that our Government would ever bar Catholic Priest from saying Mass under threat of arrest and prevent Catholics from participating in their religious exercises.  Allowing the Chapel doors to open and Father Leonard to fulfill his priestly responsibilities does not erase the Constitutional violations that occurred.  We don’t want this to occur again the next time there is a government shutdown. Our lawsuit will continue.”

On October 4, 2013, the Department of Defense informed Fr. Leonard that he was non-essential and would be furloughed, even given provisions in the Pay Our Military Act which cover the services of employees who contribute to the morale and well being of the armed services. Fr. Leonard was threatened with arrest for visiting the chapel where the Holy Eucharist was stored or celebrating Holy Mass on base on a voluntary basis. Protestant religious services at Kings Bay were allowed to continue throughout the shutdown. Only Catholic service members were left without services.

During the government shutdown, Fr. Leonard and his congregation were forced to cancel daily and weekend mass, special blessings, marriage preparation classes, counseling sessions, confessions and confirmations.

 

Government Shuts down Catholic Services on Navy Base; Church locked; Priest threatened with arrest; Thomas More Law Center Files Federal Lawsuit

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ANN ARBOR, MI – In the wake of the government shutdown, despite provisions in the Pay Our Military Act, Catholics at Kings Bay Naval Submarine Base in Georgia are being denied religious services. The Catholic priest who serves this community has been prohibited from even volunteering to celebrate Holy Mass without pay, and was told that if he violated that order, he could be subject to arrest. Protestant services continue to take place.  Only Catholic services have been shutdown.

This is an astonishing attack on religious freedom by the federal government, and the latest affront towards the military since the beginning of the shutdown.

As a result, the Thomas More Law Center (TMLC), a national public interest law firm based in Ann Arbor, MI, today, filed a federal lawsuit in the United States District Court for the District of Columbia.

The lawsuit was filed on behalf of Father Ray Leonard, a Catholic priest contracted to serve as base chaplain and Fred Naylor, one of Father Leonard’s parishioners and a retired veteran with over 22 years of service. Fr. Leonard is a civilian Catholic Pastor contracted by the Department of Defense (DoD) to serve as a military chaplain at Kings Bay Naval Submarine Base in Georgia.

Fr. Leonard who served Tibetan populations in China for 10 years, informed the court in an affidavit; “In China, I was disallowed from performing public religious services due to the lack of religious freedom in China. I never imagined that when I returned home to the United States, that I would be forbidden from practicing my religious beliefs as I am called to do, and would be forbidden from helping and serving my faith community.”

On October 4, 2013, Fr. Leonard was ordered to stop performing all of his duties as the base’s Catholic Chaplain, even on a voluntary basis. He was also told that he could be arrested if he violated that order. The approximately 300 Catholic families, including Fred Naylor’s, served by Fr. Leonard at Kings Bay have been unable to attend Mass on base since the beginning of the shutdown.

Additionally, Fr. Leonard was locked out of his on-base office and the chapel. Fr. Leonard was also denied access to the Holy Eucharist and other articles of his Catholic faith. The order has caused the cancellation of daily and weekend mass, confession, marriage preparation classes and baptisms as well as prevented Fr. Leonard from providing the spiritual guidance he was called by his faith to provide.

The submarine base is remotely located.  It consists of roughly 16,000 acres, with 4,000 acres comprised of protected wetlands.  There are approximately 10,000 total people on the base.

A Catholic Church is located off base in the town of St. Mary’s.  However, many of the parishioners both live and work on base and do not own a car and cannot otherwise access transportation.  Therefore a sixteen (16) mile journey to and from the off-base church is simply not possible.  Moreover, many of the sailors have an extremely limited amount of time off.  With their time highly regimented, they are not given a long enough break time for this exceptionally long walk and the Mass service.

Defendants in the lawsuit are the Department of Defense (DoD), Defense Secretary Chuck Hagel, the Department of the Navy, and the Secretary of the Department of the Navy, Ray Mabus.

Currently, about 25% of the US Armed Forces is Catholic and due to a shortage of active duty Catholic Priests, the DoD contracts Catholic Priests to provide religious services, sacraments and support for other religious practices for military base communities. Catholic Priests serve the Military Archdiocese.

For active duty service members, on base religious services are extremely important given issues associated with off base transportation, extremely limited time off and the highly scheduled lifestyle of active military duty. Additionally, as service members tend to have high rates of divorce, depression and suicide, the need for readily available spiritual encouragement and guidance is critical.

The Pay Our Military Act, which was enacted before the beginning of the government shutdown, provides provisions for the funding of employees whose responsibilities contribute to the morale and well-being of the military. The government has previously been criticized for interpreting the Act to not include military death benefits. Now, in yet another bizarre interpretation of the Act, some chaplains are not considered covered by these provisions, leaving Catholic members of some military facilities without spiritual guidance.

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.