U.S. District Judge Robert H. Cleland heard oral arguments Sept. 26 in Detroit over a preliminary injunction sought by Weingartz and Legatus, a nationwide organization of Catholic business owners, to the federal government’s proposed rule that most religious employers cover contraception, sterilization and abortion-inducing drugs in their health plans. Such practices are considered immoral Catholic teaching.
Daniel Weingartz, owner of Weingartz Supply Co., is a Catholic and a member of St. Lawrence Parish, Utica. In an interview with The Michigan Catholic in July, Weingartz said the administration’s mandate would put him in a “very difficult position” because of his deeply held religious convictions.
Cleland’s comment acknowledged that without the injunction, Weingartz is likely to face fines of up to $2,000 per day after Jan. 1, 2013, when the mandate will go into effect for many private businesses.
The Ann Arbor-based Thomas More Law Center, which is representing Weingartz and Legatus in the lawsuit against the mandate, said that fine could amount to a crippling $340,000 per year for the lawn and snow equipment chain unless it chooses to comply.
Erin Mersino, a lawyer for the Thomas More Law Center, said the mandate will force her clients to choose between violating the law and violating their consciences.
“We are hopeful that the court will render a decision that protects religious freedom and our rights guaranteed by the First Amendment,” Mersino said.
“They should not have to wait in limbo” while the lawsuit proceeds, she added.
Ethan Davis, a lawyer for the Obama administration, argued that Weingartz’ business has no right to expect free speech or the free exercise of religion. He also argued that Legatus, as a nonprofit, lacked standing in the hearing because it may be eligible for a temporary one-year “safe harbor” period offered by the administration earlier this year.
Cleland, who is expected to rule in the coming weeks on the temporary injunction, said regardless of what he decides, hearings in the case were likely to continue for months.
Msgr. Robert McClory, moderator of the archdiocesan curia and pastor of Presentation/Our Lady of Victory Parish, Detroit, attended the nearly three-hour proceedings, which he called “fascinating.” Msgr. McClory, an attorney himself, said the government should not have the authority to force anyone, including a private business, to violate their conscience.
“For example, the government should not be able to force a Muslim or orthodox Jewish businesswoman to serve pork at her privately owned deli,” Msgr. McClory said. “They also shouldn’t be able force a Catholic businesswoman to provide services that violate her religious beliefs.”
