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hosp3-lspDENVER (CNA/EWTN News) – The Little Sisters of the Poor have filed the first class-action lawsuit against the federal contraception mandate, saying that it would require them to violate the teachings of their Catholic faith.

The sisters operate 30 homes for needy elderly persons in the United States, including St. Joseph’s Residence in Enfield.

"Like all of the Little Sisters, I have vowed to God and the Roman Catholic Church that I will treat all life as valuable, and I have dedicated my life to that work," Mother Loraine Marie Clare Maguire, superior of the congregation’s Baltimore province, said Sept. 24.

"We cannot violate our vows by participating in the government’s program to provide access to abortion inducing drugs."

The Little Sisters of the Poor Home for the Aged in Denver and the Little Sisters of the Poor Baltimore, Inc., both nonprofit corporations, are plaintiffs in the suit, as well as "all others similarly situated."

The order could face millions of dollars in IRS fines if they do not comply with government mandates requiring employee health coverage for sterilization and contraception, including some drugs that can cause early abortions.

Employers that fail to provide the required coverage face fines of $100 per employee per day. The sisters’ lawsuit is the latest of more than 70 legal challenges that have been filed against the mandate on behalf of more than 200 plaintiffs nationwide.

The Becket Fund for Religious Liberty filed the class-action suit in federal District Court in Denver on behalf of the sisters and their health benefits provider, Christian Brothers Services and Christian Brothers Employee Benefits Trust.

The legal group said the IRS fines begin Jan. 1 unless the sisters hire an outside company to provide the objectionable coverage.

While the mandate has an exemption for religious employers, the Little Sisters of the Poor do not meet the narrow criteria to qualify for it because although they are a Catholic institution, they are not affiliated with a specific house of worship.

"The sisters should obviously be exempted as ‘religious employers,’ but the government has refused to expand its definition," said Mark Rienzi, Senior Counsel for the Becket Fund.

"These women just want to take care of the elderly poor without being forced to violate the faith that animates their work. The money they collect should be used to care for the poor like it always has – and not to pay the IRS."

The Becket Fund says this is the first class-action suit concerning the mandate and will represent hundreds of Catholic nonprofit ministries with similar beliefs. The lawsuit is also the first to represent benefits providers who cannot comply with the mandate in good conscience.

The lawsuit cites the anomaly of the government’s refusal to grant an exemption to Catholic groups, despite other non-religious exemptions granted to thousands of other plans affected by the 2010 health care legislation.

Members of the affected class face a "stark choice" and "must either abandon their Catholic beliefs" or be "punished by the government with an array of fines and penalties unless and until they comply," the suit contends.

"The threat of such penalties imposes a substantial burden on the class members’ religious exercise," it states, arguing that the mandate violates the federal Religious Freedom Restoration Act.

alertAt the Spring Assembly of the U.S. bishops, Cardinal Joseph Tobin suggested that a delegation ofbishops go to the border to see for themselves what was happening to newly arrived immigrants, families and children. On July 1 and 2, Cardinal Daniel DiNardo, president of the U.S. bishops conference, and five other bishops conducted a pastoral visit to the diocese of Brownsville, Texas. Stops included Mass at the Shrine of Our Lady of San Juan del Valle with the community, a visit to anHHS/OBR Shelter and Mass for the families there, a visit to the Customs and Border Patrol processing center in McAllen, TX, and a press conference at the end of their visit. Catholic News Service accompanied the bishops on their border trip. 

  1. Backgrounder and analysis of the bishops’ trip to the border: Cardinal DiNardo told CNS, “You cannot look at immigration as an abstraction when you meet” the people behind the issue.
  2. At final press conference, Cardinal Daniel Dinardo said the church was willing to be part of any conversation to find humane solutions because even a policy of detaining families together in facilities caused “concern.”
  3. Bishops serve soup to immigrant families at a center run by Catholic Charities and listen to their stories. Scranton Bishop Joseph Bambera said he found hope in hearing the people in the room talk about what’s ahead. They didn’t speak of making money but of finding safety for their children, he said, driven by “the most basic instinct to protect your family.”
  4. At an opening Mass he Basilica of Our Lady of San Juan del Valle-National Shrine near McAllen, Texas, Bishop Daniel Flores of Brownsville told Massgoers, “The bishops are visiting here so they can stop and look and talk to people and understand, especially the suffering of many who are amongst us,”

A delegation of U.S. bishops goes on a fact-finding mission at the U.S.-Mexican border to learn more about Central American immigration detention.

Following their visit to an immigrant detention center, U.S. bishops said they are even more determined to call on Congress for comprehensive immigration reform.