NY judge orders first permanent block against HHS mandate
New York City, N.Y., Dec 17, 2013 / 08:02 pm (EWTN News/CNA)By Adelaide Mena
A federal judge in New York has issued the first permanent injunction against the federal contraception mandate, a ruling that religious freedom advocates are praising as a major victory.
“There is no way that a court can, or should, determine that a coerced violation of conscience is of insufficient quantum to merit constitutional protection,” wrote Judge Brian Cogan of the Federal District Court in Brooklyn in a Dec. 16 ruling.
He explained that the controversial mandate “burdens plaintiffs’ religion by coercing them into authorizing third parties to provide this coverage through the self-certification requirement, an act forbidden by plaintiffs’ religion.”
Judge Cogan issued the ruling in a case brought by the Catholic archdioceses of New York and Rockville Centre, as well as associated Catholic institutions within the archdioceses. The lawsuit challenged the federal contraception mandate, arguing that it amounts to an unconstitutional violation of religious freedom.
The mandate, issued as a directive under the Affordable Care Act, requires employers to offer health insurance plans covering contraceptives, sterilization, and some products that may cause early abortions.
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