Not surprisingly, the latest court to rule against a provision of Obamacare was the United States District Court for the Southern District of Texas, Houston Division. Presiding Judge Lee H. Rosenthal ruled that two universities, East Texas Baptist University and Houston Baptist University were likely to prevail in their case.
The universities are requesting an exemption from the provision of the law requiring they provide birth control coverage for their employees. Rosenthal issued a preliminary injunction preventing the government from enforcing the law until after the case is heard and decided.
Neither university objects to all forms of birth control. They are basing their case on the claim that the requirement means that emergency contraceptives such as Plan B are also covered and that these contraceptives are actually abortifacients — although it has been repeatedly shown that the only abortifacient approved for use in this country is RU 486 which is not widely used. Plan B prevents a pregnancy only, it does not abort it.
Eric Rassbach, Deputy General Counsel at the Becket Fund for Religious Liberty, and lead attorney for the universities said:
“The government doesn’t have the right to decide what religious beliefs are legitimate and which ones aren’t. In its careful opinion, the Court recognized that the government was trying to move across that forbidden line, and said ‘No further!’”
Judge Rosenthal wrote in her decision: