Yet another small business is seeking an injunction against the Department of Health and Human Services, asking that the administration not be allowed to force them to comply with the HHS mandate. O’Brien Industrial Holdings LLC is based in St. Louis. Frank O’Brien, the owner, employs 87 people. He faces a deadline of the 1st of January, 2013, to have new health insurance policies for his employees, and the HHS mandates that these policies include co-pay free contraceptives, abortion-inducing drugs, and sterilization for female employees.
The American Center for Law and Justice is representing O’Brien and his company. Francis J. Manion, Senior Counsel of the ACLJ, said:
We’re asking the Court to intervene right now because in a very short time our client, Frank O’Brien, will be faced with a choice no government has the right to impose on him: abandon his business, or abandon his beliefs. The HHS mandate is an unprecedented attack on the religious liberty of millions of Americans. It’s a clear violation of the Religious Freedom Restoration Act and the First Amendment. We are asking the Court to intervene and enjoin the government from continuing to suppress the liberty of Frank O’Brien and his company to run their business in a manner consistent with their religious beliefs.
The attorney noted the inconsistency of the administration’s actions:
The same government that wants to coerce O’Brien into violating his beliefs is, at the same, exempting millions of other employers from complying with the mandate. This is not only unfair but unconstitutional as well. The government has no right to decide which religious believers are ‘religious’ enough to qualify for an exemption from the HHS mandate. Our constitution and laws do not give HHS Secretary Sebelius or any other official the power to start handing out ‘Seals of Government-Approved Godliness’.
O’Brien is a Catholic whose faith is the framework for the operation of his company.