The Indiana Lawyer.com by Marilyn Odendahl

A split 7th Circuit Court of Appeals has upheld its own precedent, finding a contraception provision does not violate religious freedom. But the ruling drew a sharp, 35-page dissent from one judge.

In this latest challenge to the Patient Protection and Affordable Care Act’s accommodation for providing birth control, religiously based non-profits in Fort Wayne argued the contraception mandate violates the federal Religious Freedom Restoration Act by substantially burdening their free exercise of religion.

The accommodation excuses eligible organizations, like the Fort Wayne plaintiffs, from contracting, arranging, paying or referring for contraceptive coverage to which they have religious objections.

In federal court, the plaintiffs reiterated the unsuccessful arguments made by the University of Notre Dame that the opt-out accommodation still requires them to facilitate the objectionable services for their employees. Notre Dame presented this assertion twice before the 7th Circuit and lost both times.

Still the U.S. District Court for the Northern District of Indiana granted a preliminary injunction which prevented the federal government from enforcing the mandate.

The 7th Circuit reversed the preliminary injunction in Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al., 14-1430 and 14-1431.

As it had in the Notre Dame cases and the appeal from Wheaton College, the Chicago panel ruled the opt-out provision shifted the legal responsibility to provide contraception coverage from the plaintiffs to their insurers. This, in turn, relieved, rather than burdened, their religious exercise.

“The accommodation has the legal effect of removing from objectors any connection to the provision of contraceptive services,” Judge Ilana Rovner wrote for the majority. “As we noted above, every other circuit court to consider the issue of whether the mandate imposes a substantial burden on religious exercise has come to the same conclusion.”

Joining Rovner was Judge David Hamilton, who sided with the majority in both of the Notre Dame actions.

Judge Daniel Manion made a strong dissent, claiming the majority only undertook a perfunctory examination of the “long and winding extension cord the government uses to power its contraceptive mandate.”

He contended a thorough examination “reveals that the extension cord gets its power from the nonprofits’ health plans and must be plugged in before it will work.”

Manion did not agree the accommodation removed the nonprofits from providing contraception. Instead, he maintained, it did violate protections on religious freedom but he saw a simple solution.

“Aside from the fact that the government desires to substantially burden the nonprofits’ religious exercise in furtherance of an exaggerated, misnamed, and misdirected interest, there are, no doubt, less restrictive means of furthering its interest. But why even go there?” Manion wrote. “The government certainly has no compelling interest in forcing contraceptive coverage into the nonprofits’ otherwise wanted and needed health plans when they unanimously assert they don’t want the coverage and don’t need it.

“The obvious solution for these plaintiffs is for the government to extend the religious employer exemption to all religious nonprofits that object to the coverage,” he concluded.

The plaintiffs in this case included the Diocese of Fort Wayne-South Bend Inc.; Catholic Charities of the Diocese of Fort Wayne-South Bend Inc.; Saint Anne Home & Retirement Community of the Diocese of Fort Wayne-South Bend Inc.; Franciscan Alliance Inc.; Specialty Physicians of Illinois LLC; University of Saint Francis; Our Sunday Visitor Inc.; Biola University Inc; and Grace Schools.

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The City-County Observer is excited to announce our “Outstanding Community Services Award” (“MOLE AWARD”) winners for 2015. This years awards luncheon is held at Tropicana-Evansville Walnut rooms A and B. The registration begin at 11:30 am, the event officially starts at 12 noon on October 26, 2015.  Reservations for this event may be obtain by calling Mollie Drake Schreiber at 812-760-4233 or e-email her at mdarke07@yahoo.com.  Deadline for registration is  October 15, 2014.  Last years event was a sellout.

THIS YEARS FIRST OUTSTANDING COMMUNITY SERVICES (MOLE AWARD) WINNER is Vanderburgh County Commissioner Joe Kiefer.

Mr. Kiefer has a strong understanding of business planning, financial analysis, project management, and Commercial Development and Brokerage services. Mr. Kiefer has personally worked on many construction projects including the development of high end apartments, medical and other commercial offices, and retail strip and shopping centers over the years.

 Kiefer joined Hahn Real Estate Services as a General Partner in September 2008.   Since joining Hahn Realty, Joe has worked on numerous projects including medical and business offices, shopping centers, and land development.  Currently, he is working on developments for several big box stores, three medical development projects, and an apartment development from the ground up.  As of January 1, 2015,  Mr. Kiefer became the owner and managing broker for Hahn Realty Corporation and in April the name was changed to Hahn-Kiefer Real Estate Services.

Government Experience 2012 – Present Vanderburgh County Board of Commissioners

• Currently serving in his 2nd year as the President of the Board
• Spearheaded renovations of the Old Courthouse
• Currently working with the Burdette Park Advisory Board to do improvements to the park.
• Worked across party lines to improve and lower the cost of county insurance.

2008 – 2011 Elected to the Vanderburgh County Council – Member, At-Large

• Served as both President and Vice President of the County Council.
• Serve on various committees including Personnel and Finance Committees.

2000 – 2007 Evansville City Council Member, At-Large

• Implemented government accountability program (City View).
• Served on various committees including: Finance, Salary Review, Public Works, Information Technology, Area Plan Commission, and Evansville Urban Transportation Study Committee.

Education 

BS in Manufacturing & Construction Technology Indiana State University,  Master’s in Arts & Liberal Studies University of Southern Indiana,  Master’s in Public Administration Indiana State University.

Affiliations and Achievements

Board Member of the Indiana Right to Life. Indiana Board of Commercial Realtors, Graduate of Leadership Evansville,  YMCA Metropolitan Board and Downtown YMCA Board, Past Advisory Board Chairman of Banterra Bank, Past Evansville Economic Development Commission,  Committee Member of SW Indiana Chamber of Commerce,  Past Loaned Executive for United Way and Indiana University School – Evansville School of Medicine Advisory Board.

Please take time and vote in today’s “Readers Poll”. Don’t miss reading today’s Feature articles because they are always an interesting read. Please scroll at the bottom of our paper so you can enjoy our creative political cartoons.  Copyright 2015 City County Observer.   All rights reserved.   This material may not be published, broadcast, rewritten or redistributed without our permission.