By Constitution Staff

The company filed the federal lawsuit on September 12, 2012 against the Obama administration over the regulations issued for implementation of ObamaCare.

Hobby Lobby Stores, Inc. has asked the U.S. Supreme Court to review its case involving the implementation of the Patient Protection and Affordable Care Act, also known as ObamaCare. They are asking the high court to decide whether the Green family will be required to provide and pay for life-terminating drugs and devices in violation of their religious beliefs. In September, the Obama Administration asked the U.S. Supreme Court to review the case, and on October 21 Hobby Lobby took the unusual step of agreeing with the government that the high court should hear the appeal concerning Hobby Lobby's failure to comply with the mandate on contraceptives issued by the Obama Administration.

"Hobby Lobby's case raises important questions about who can enjoy religious freedom," said Kyle Duncan, general counsel of the Becket Fund for Religious Liberty and lead lawyer for Hobby Lobby. "Right now, some courts recognize the rights of business owners like the Green family, and others do not. Religious freedom is too important to be left to chance. The Supreme Court should take this case and protect religious freedom for the Green family and Hobby Lobby."

On September 19, the Department of Justice (DOJ) had asked the U.S. Supreme Court to review the Hobby Lobby case. The appeal asked the court to review the decision by Tenth Circuit Court of Appeals. The full 10th Circuit Court of Appeals in Denver had ruled 5-3 that the owners of Hobby Lobby can exercise religion and were likely to win their case against the mandate. The ruling by the appellate court overturned a decision by U.S. District Judge Joe Heaton from November 19, 2012 which denied Hobby Lobby's request for an injunction and they sent the matter back to Heaton.

On July 19, Judge Heaton granted Hobby Lobby a preliminary injunction against the abortion-drug mandate. The temporary injunction prevents the government from enforcing the mandate against the Christian company while their religious liberty case proceeds through the legal system. Hobby Lobby was facing a $1.3 million per day in federal fines ($100 per day per employee). The Oklahoma-based company will not face that astronomical fine until the court finally decides the case.

The DOJ cited only one issue in its petition for appeal: whether the Tenth Circuit Court erred when it struck down the abortion-drug mandate by Department of Health and Human Services (HHS) as a violation of the Religious Freedom Restoration Act (RFRA). In the filing, the DOJ argued that the 10th Circuit's "decision is incorrect and would transform RFRA from a shield for individuals and religious institutions into a sword used to deny employees of for-profit commercial enterprises the benefits and protections of generally applicable laws."

In response to the DOJ's filing, Duncan said, "The United States government is taking the remarkable position that private individuals lose their religious freedom when they make a living. We're confident that the Supreme Court will reject the government's extreme position and hold that religious liberty is for everyone -- including people who run a business."

The contraceptive coverage rules, which are being implemented under ObamaCare require most employers to offer the coverage to their workers. Houses of worship are exempt from the requirement, and religiously affiliated not-for-profits are eligible for an accommodation that ensures they do not have to pay for or directly provide the coverage to their employees.

In a separate appeal, the nonprofit Christian legal group the Alliance Defending Freedom (ADF) asked the high court to review a ruling by the Third Circuit Court of Appeals. That decision held that the RFRA did not protect a Mennonite-owned company, Conestoga Wood Specialties Corporation, from complying with the HHS mandate. The conflicting appeals make it highly likely that the Supreme Court will decide the issue in the upcoming term.

There are 63 separate lawsuits challenging the Department of Health and Human Services mandate. The Becket Fund led the charge against the unconstitutional HHS mandate. The Becket Fund for Religious Liberty is a non-profit, public-interest law firm dedicated to protecting the free expression of all religious traditions -- from Anglicans to Zoroastrians. For 18 years its attorneys have been recognized as experts in the field of church-state law, and they recently won a 9-0 victory in Hosanna-Tabor v. EEOC, which The Wall Street Journal called one of "the most important religious liberty cases in a half century." The Becket Fund led the charge against the unconstitutional HHS mandate, and in addition to Hobby Lobby represents: Wheaton College, Belmont Abbey College, East Texas Baptist University, Houston Baptist University, Colorado Christian University, the Eternal Word Television Network (EWTN), and Ave Maria University.

The Hobby Lobby case has been closely watched by religious groups because it is likely to dictate how ObamaCare regulations will be applied to non-religious businesses with religious owners who claim that the law violates their conscience. With over 13,000 full-time employees, Hobby Lobby is by far the largest of the private companies protesting the law. Along with several other plaintiffs, it is represented by the Beckett Fund for Religious Liberty, a nonprofit organization that provides legal assistance in religious-liberty cases.

The company filed the federal lawsuit on September 12, 2012 against the Obama administration over the regulations issued for implementation of ObamaCare. The lawsuit seeks a permanent injunction prohibiting the mandate's enforcement against the Green family and its businesses, "and other individuals and organizations that object on religious grounds to providing insurance coverage for abortion-causing drugs and devices, and related education and counseling."

The company says the mandates force the Christian-owned business to provide, without co-pay, the "morning after pill" and "week after pill" in their health benefits. "These abortion-causing drugs go against our faith, and our family is now being forced to choose between following the laws of the land that we love or maintaining the religious beliefs that have made our business successful and have supported our family and thousands of our employees and their families," said David Green, Hobby Lobby CEO and founder. "We simply cannot abandon our religious beliefs to comply with this mandate." Hobby Lobby is the only non-Catholic-owned business to file a lawsuit against the mandate.

The arts and crafts retailer operates from a mile-long distribution and manufacturing complex in Oklahoma City. It began as Greco Products, a miniature picture frame company founded in a garage by David Green in 1970. Hobby Lobby officially began operation in 1972 with a single store and has been growing ever since. Today, Hobby Lobby has 514 stores in 41 states offering more than 65,000 crafting and home decor products. The company also includes 35 Mardel stores which sell Christian books and education supplies in seven states.

Green says, "the foundation of our business has been, and will continue to be strong values, and honoring the Lord in a manner consistent with Biblical principles." The Greens, who close of all of their stores on Sunday, have long been public about their religious beliefs. "We believe wholeheartedly that it is by God's grace and provision that Hobby Lobby has been successful," says Green.