Non-religious business sues over contraception mandate

The Obama administration’s controversial birth-control mandate saw its first legal challenge Thursday from an employer not affiliated with any religious institution.

The latest challenge comes from the owner of a Missouri-based holding company, who says it violates his religious freedom. Although several other suits have been filed, they have all come from religious-affiliated employers such as Catholic universities.

The conservative American Center for Law and Justice (ACLJ) filed the suit on behalf of Frank O’Brien, the owner of O’Brien Industrial Holdings.

“The [Department of Health and Human Services] mandate tells people like Frank O’Brien that they have to choose between conducting their business in a manner consistent with their moral values, or conducting their business in a manner consistent with the government’s values,” the ACLJ said in a statement. “The constitution does not allow the government to impose such a choice.”

The HHS policy requires most employers to cover contraception in their employees’ healthcare plans. Churches and houses of worship are exempt. Religious-affiliated employers, such as Catholic schools, don’t have to provide the coverage directly, but employees of such entities can still get contraception without a co-pay from their employer’s insurance company.

But the U.S. Conference of Catholic Bishops, along with some Republican critics in Congress, said the policy still infringes on the rights of employers who are not affiliated with a church.

The Senate last month defeated an amendment, sponsored by Sen. Roy Blunt (R-Mo.), that would have exempted all employers from coverage mandates that violate their religious or moral beliefs.