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Hobby Lobby appeals contraception ruling

Oklahoma City-based Hobby Lobby and Mardel appealed a federal judge's refusal to block enforcement of contraception rules the companies' owners claim violate their religious beliefs.
by Don Mecoy Modified: November 21, 2012 at 2:55 pm •  Published: November 21, 2012
/articleid/3730677/1/pictures/1888886">Photo - Hobby Lobby founder David Green speaks at a conference Sept. 28.  Photo By David McDaniel, The Oklahoman Archives
Hobby Lobby founder David Green speaks at a conference Sept. 28. Photo By David McDaniel, The Oklahoman Archives

In his ruling, Heaton said the retailers were “secular, for-profit corporations” and did not have religious free-exercise rights under the First Amendment.

The appeal said the company and its owners are exposed to huge potential penalties, including fines of up to $1.3 million per day, annual penalties of about $26 million and private lawsuits. The emergency injunction the companies are seeking would allow them to avoid those potential penalties when the firms fall under the mandate on Jan. 1.

“The government puts appellants to an impossible choice: either give up the religious exercise, or pay millions in fines,” the brief states.

Secular entity

The Green family demonstrates evangelical Christian principles by closing their stores on Sundays, buying large newspaper ads at Easter and Christmas and foregoing profits by refusing to carry certain types of merchandise.

Government attorneys did not dispute that the Greens' religious principles are sincere. But they argued that the for-profit companies are secular entities.

Hobby Lobby, which operates more than 500 stores, is the largest and was the first non-Catholic-owned business to file a lawsuit against the mandate.

by Don Mecoy
Business Editor
Business Editor Don Mecoy has covered business news for more than a decade after earlier working on The Oklahoman's city, state and metro news desks, including a stint as city editor. He has won state and regional journalism awards for business,...
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