U.S. government’s retreat called ‘an encouraging step,’ but publisher says ‘the court case isn’t over’

Tyndale House Publishers has been handed a gift by the Obama administration in its abortion-pill mandate case. On May 3, at the U.S. government’s request, a federal court dismissed the Obama administration’s appeal of a preliminary injunction in the case. 

The administration’s retreat marks the first total appellate victory on a preliminary injunction in such a case.

Based in Carol Stream, Ill., the world’s largest privately held Christian publisher filed a lawsuit against the administration in October because the publisher specifically objects to covering abortion pills. A month later, a federal court temporarily halted the abortion pill mandate as litigation in the case continued. The government filed an appeal in January.

“The government dismissed its appeal because it knows how ridiculous it sounds arguing that a Bible publisher isn’t religious enough to qualify as a religious employer,” said Matt Bowman, senior counsel for Alliance Defending Freedom (ADF), which represents Tyndale. “For the government to say that a Bible publisher isn’t religious is outrageous, and now the Obama administration has had to retreat in court.”

Tyndale House President and CEO Mark Taylor told Christian Retailing that “this was an encouraging step in the process, but the court case isn’t over.”

“We appreciate the legal support of ADF, but it’s discouraging that we have to spend so much time and energy in defending our right to operate our Christian business, according to the implications of our religious beliefs,” he said.

The administration argued that Tyndale House isn’t religious enough for an exemption from the mandate, a component of Obamacare that forces employers, regardless of their religious or moral convictions, to provide insurance coverage for abortion-inducing drugs, sterilization and contraception under threat of heavy penalties. The publisher is subject to the mandate because Obama administration rules say for-profit corporations are categorically nonreligious.

Following the government’s request, the U.S. Court of Appeals for the District of Columbia dropped the administration’s appeal, which means the preliminary injunction issued by a district court in November will stand, while the case, Tyndale House Publishers v. Sebelius, moves forward.

The Obama administration required most businesses to comply with the Health and Human Services mandate by August 2012. Some faith-based organizations, including hospitals and universities, have a so-called safe harbor until August, but Tyndale does not qualify for the extension.

ADF said 59 lawsuits are challenging the mandate, and courts have issued orders in 25 of the cases involving for-profit companies. Injunctions were granted to temporarily halt the mandate in all but six of those cases.

 In a separate case, Hobby Lobby Stores and sister retailer Mardel Christian and Education were schedule to have their health care case heard before a full court, instead of the usual three-judge panel, May 23 in Denver.

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