2 federal courts dismiss lawsuits against HHS mandate

November 30, 2012

Two US district courts have dismissed lawsuits by the Diocese of Pittsburgh, the Diocese of Nashville, and other Catholic institutions against the HHS mandate.

“While I am disappointed in the ruling that our lawsuit cannot proceed at this time based on the very narrow argument that we allegedly have no real damages yet from the Health and Human Services mandate, I am very encouraged that it was ‘dismissed without prejudice,’” said Bishop David Zubik of Pittsburgh. “That means that we have every right to file again in the future.”

Bishop Zubik added:

We will now await in good faith the accommodation to religious freedom that the federal government has claimed it will offer. However, we must all be aware that no modification to the original HHS mandate in regard to religious freedom has yet been made.

Other courts have reached differing conclusions in the challenges to the HHS mandate, so this remains fluid. I do want to make clear, however, that we cannot and will not negotiate away our constitutional rights to religious freedom and religious expression.

Following a different federal court’s dismissal of its lawsuit, the Diocese of Nashville said in a statement that the ruling “does not foreclose the bringing of similar claims once the alleged administrative change to the mandate takes place.”

 

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Further information:

• Bishop Zubik on Lawsuit Dismissal (Diocese of Pittsburgh)
• Lawsuits' dismissal called disappointing but won't end legal challenge (CNS)