Right to Life of Michigan files federal lawsuit against 'Obamacare' over abortion, contraceptives

Right to LIfe of Michigan has filed a federal lawsuit over provisions of the Affordable Care Act concerning contraceptives, abortion.

GRAND RAPIDS, MI – Right to Life of Michigan has filed a federal lawsuit over provisions of “Obamacare” that require insurance companies to provide sterilization, contraceptives and “morning-after” pills.

Right to Life filed the lawsuit Monday, Nov. 4, in U.S. District Court in Grand Rapids.

“Plaintiff employs 33 full-time employees and 10 part-time employees, and is forced under the mandate to conduct business in a manner that violates their religious faith by providing and funding abortifacient drugs and devices, which violates deeply held religious beliefs and the sole reason they work for (Right to Life),” attorney Michael Rizik Jr. wrote in the 45-page filing.

Right to Life of Michigan had provided its workers insurance coverage that excluded contraception, abortion and abortion-causing drugs. Right to Life considers use of “morning-after” or “week-after” pills to be abortion.

“The mandate, therefore, forces employers and individuals to violate their religious beliefs because it requires employers and individuals to pay for insurance from insurance issuers which fund and directly provide for drugs, devices and services which violate their deeply held religious beliefs, as well, in this plaintiff, reasoned reflection, and sole reason for existence as an organization.”

Right to Life of Michigan is the latest plaintiff in the legal challenge to the Affordable Care Act, a.k.a. "Obamacare.

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Among them is Autocam Corp. chairman John Kennedy, who has support of the Thomas More Society and Catholic Vote Legal Defense Fund as it seeks review of its case by the U.S. Supreme Court. The Sixth Circuit Court of Appeals in Cincinnati upheld a district judge’s refusal to grant Autocam’s request for a preliminary injunction.

Right to Life contends the lawsuit involves religious freedom and freedom from coerced speech. It is challenging the constitutionality of regulations under the Affordable Care Act.

“Not only is abortion disordered, but it violates the due process of the laws accorded every human being, and belies reasoned reflection and scientific fact on when life begins. As such, abortion is an act of injustice, and the mandate forces (Right to Life) to violate its only reason for existence …,” Rizik wrote.

The lawsuit said that the vast majority of workers are Catholic or Evangelical Christian.
"All employees subscribed unequivocally to plaintiff's sole and exclusive mission protecting life."

Right to Life asks a judge to declare the enforcement of the mandates a violation to the First Amendment, and a violation of the Religious Freedom Restoration Act.

It asks the court to issue a preliminary and permanent injunction preventing the government from enforcing the mandate against Right to Life and other religious individuals, employers, companies and groups “that object to funding and providing insurance coverage for abortion, abortifacients, and related education and counseling."

The lawsuit names Kathleen Sebelius, secretary of the U.S. Department of Health and Human Services and others as defendants.

John Agar covers crime for MLive/Grand Rapids Press E-mail John Agar: jagar@mlive.com and follow him on Twitter at twitter.com/ReporterJAgar

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