Notre Dame Refiles Lawsuit Against Controversial HHS Contraception Mandate

Notre Dame President Father Jenkins told reporters in January 2010 that the decision to host Barack Obama, the most radical pro-abortion president in history, at commencement in 2009 was an honor and a success.

(America Magazine)

On Monday the University of Notre Dame refiled its lawsuit against HHS Secretary Kathleen Sebelius regarding the administration’s controversial contraception mandate.
The National Catholic Reporter reported:

On Monday morning, the University of Notre Dame refiled its lawsuit against Kathleen Sebelius, Secretary of the Department of Health and Human Services, regarding the administration’s controversial contraception mandate. Notre Dame originally filed suit last year, but the suit was dismissed in January because the mandate had not yet taken effect. It is scheduled to take effect Jan. 1.

If the University of Notre Dame is not a ministry of the Catholic Church, what is it? This is the question the Obama administration has been unable or unwilling to answer the past couple of years in the seemingly endless back-and-forth over the HHS mandate. U.S. laws have long recognized a “ministerial exemption” to the application of its laws. For example, the Civil Rights Act of 1964 exempted religious institutions from its requirements. And, in January, 2012, the U.S. Supreme Court upheld the ministerial exemption in a unanimous 8-0 vote in the case Hosanna-Tabor v. EEOC.

In its filing, Notre Dame makes clear that the core issue is whether or not government can or should be so entangled with religious institutions that, no matter its objectives in terms of public policy, it places those institutions in compromising situations.

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