Detroit -- A federal judge in Ohio ruled March 22 that a lawsuit filed by the Michigan Catholic Conference and the Franciscan University of Steubenville against the federal government's rule mandating coverage of birth control, abortion-inducing drugs and sterilzations in nearly all health insurance plans could not proceed, saying it was premature.
Judge Algenon L. Marbley in the U.S. District Court for the Southern District of Ohio ruled that the case was not ready to be reviewed because he said the rule had not yet gone into effect for the MCC and Franciscan University, who were co-plaintiffs in the lawsuit. The judge also cited the fact that the Obama administration had revised the planned rule, which is scheduled to take effect Aug. 1. A public comment period is still open on the revised rule.
Dozens of Catholic and non-Catholic groups across the country have filed legal challenges to the proposed rule on the grounds that it violates their religious liberty by forcing them to participate in something they view as immoral. Many of the lawsuits have been dismissed as premature, but some judges have issued temporary injunctions against the mandate for private businesses and nonprofits.
Michigan Catholic Conference President and CEO Paul A. Long said the judge's decision did not mean the issue was dead, just delayed.
"The court did not reach the merits of MCC's legal challenge; instead, it found only that MCC's challenge was premature because HHS has said it plans to revise the mandate by August 2013," Long said in a statement. "The ruling does not foreclose MCC bringing similar claims once the alleged administrative change to the mandate takes place. MCC continues to evaluate all of its options in light of the court's decision."
For more details, pick up a copy of the next edition of The Michigan Catholic, scheduled to be published April 5.

