The University of Notre Dame Sues to Stop HHS Mandate
In a U.S.
federal district court complaint by the University of Notre Dame filed today against the Obama administration’s HHS Mandate, numbered paragraphs from the legal pleading outline how the federal mandate violates religious liberty for Catholic institutions:
271. The Free Exercise Clause and Establishment Clause
protect the freedom of religious organizations to decide for themselves, free from
state interference, matters of church government as well as those of faith and doctrine.
272. Under these Clauses, the Government may not interfere
with a religious organization’s internal decisions concerning the
organization’s religious structure, ministers, or doctrine.
273. Under these Clauses, the Government may not interfere
with a religious organization’s internal decision if that interference would
affect the faith and mission of the organization itself.
274. Notre Dame is a religious organization under the
general control and direction of the Roman Catholic Church.
275. The Catholic Church views abortifacients,
sterilization, and contraception as intrinsically immoral, and prohibits Catholic organizations
from condoning or facilitating those practices.
276. Notre Dame has abided and must continue to abide by the
decision of the Catholic Church on these issues.
277. The Government may not interfere with, or otherwise
question the final decision of the Catholic Church that its religious organizations must
abide by these views.
278. The Government may not interfere with the Catholic
Church’s affiliated religious organizations, including Notre Dame, with regard to their
religious beliefs on abortifacients, sterilization, and contraception.
279. In accordance with this Catholic doctrine, Notre Dame
has made the internal decision that its employee and student health plans may not
cover, subsidize, or facilitate abortifacients, sterilization, or contraception.
280. The U.S. Government Mandate interferes with Notre
Dame’s internal decisions concerning its structure and mission by requiring it to
either facilitate practices that directly conflict with Catholic tenets or face substantial penalties.
281. As a University with a publicly stated goal to ensure
that its Catholic character informs all its endeavors, Notre Dame is an integral part of
the Catholic Church.
282. The U.S. Government Mandate and its religious employer
exemption interfere with the organizational structure of Notre Dame as part of
the Church by requiring Notre Dame to include or facilitate coverage for practices that
directly conflict with its Catholic tenets but purporting to exempt the Church.
283. Because the U.S. Government Mandate interferes with the
internal decisionmaking and organizational structure of Notre Dame in a manner that
affects its faith and mission, the U.S. Government Mandate violates the Establishment
Clause and the Free Exercise Clause of the First Amendment.
284. The Government is also requiring student health plans,
including the one currently offered by Notre Dame, to include abortion-inducing drugs,
sterilization, and contraception, and related education and counseling.
285. Defendants have again violated the Establishment Clause
and the Free Exercise Clause of the First Amendment by requiring Notre Dame’s
student health plan to include services that violate its religious beliefs, and thereby
interfering with the internal decisionmaking and organizational structure of Notre Dame in a manner that
affects its faith and mission.
Read the full complaint here.