Mandate case remanded to same court that earlier ruled against the arts-and-crafts chain’s request for exemption

In a major victory for Hobby Lobby Stores, a federal appeals court reversed a lower-court ruling June 27 that had rejected the arts-and-crafts chain’s request for temporary protection in its abortion-pill mandate case.

The Denver-based 10th U.S. Circuit Court of Appeals ruling sends the case back to the U.S. District Court for the Western District of Oklahoma, which had earlier ruled against the chain’s request for an exemption.

The decision means Hobby Lobby and sister retailer Mardel Christian and Education may be entitled to an exemption from a requirement in President Barack Obama’s 2010 healthcare overhaul (aka Obamacare) to include free “morning-after” and “week-after” pill coverage in their employee health insurance plans. 

Five of the nine judges found that Hobby Lobby met at least some of the requirements needed to gain temporary protection from the mandate while its lawsuit proceeds in court, Reuters reported.

“Because the contraceptive-coverage requirement places substantial pressure on Hobby Lobby and Mardel to violate their sincere religious beliefs, their exercise of religion is substantially burdened,” a majority of the judges concluded.

Kyle Duncan, general counsel for The Becket Fund for Religious Liberty and counsel on the case, said the appeals court’s ruling “marks a milestone in Hobby Lobby’s fight for religious liberty.” 

“This is a tremendous victory not only for the Green family and for their business, but also for many other religious business owners who should not have to forfeit their faith to make a living,” he added. 

In December, a two-judge panel of the 10th Circuit denied Hobby Lobby’s request to temporarily stop enforcement of the abortion-pill mandate.

Oklahoma City-based Hobby Lobby has more than 500 stores in 41 states. One of the tenets of the chain’s statement of purpose is, “Honoring the Lord in all we do by operating the company in a manner consistent with biblical principles.” The Green family, which owns Hobby Lobby, also runs Mardel stores.

There are 60 lawsuits currently challenging the abortion-pill mandate.

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