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Hobby Lobby appeals morning-after pill decision

Associated Press Modified: November 21, 2012 at 2:46 pm •  Published: November 21, 2012

OKLAHOMA CITY (AP) — Hobby Lobby Stores Inc. is asking a federal appeals court to block part of the federal health care law that requires the Christian family-owned arts and crafts company to provide insurance coverage for emergency contraception pills.

The Oklahoma City-based company asked the 10th U.S. Circuit Court of Appeals to block enforcement of the law, which will require Hobby Lobby and a sister company, Mardel, Inc., to cover the morning-after pill and week-after pill as part of employee health insurance plans beginning Jan. 1.

The company filed its appeal Tuesday, a day after a federal judge denied the request.

"There is a sense of urgency here," said Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, which is representing Hobby Lobby.

The company, which is self-insured, has said it will face a daily $1.3 million fine beginning Jan. 1 if it ignores the law.

Hobby Lobby is the largest business to file a lawsuit against the mandate. Founded in 1972, it now operates more than 500 stores in 41 states and employs more than 13,000 full-time employees who are eligible for health insurance coverage.

Hobby Lobby sued the government in September, claiming the mandate violates the religious beliefs of its Christian owners, the Green family. The owners maintain that the morning-after and week-after pills are tantamount to abortion because they can prevent a fertilized egg from implanting in a woman's womb. They also object to providing coverage for certain kinds of intrauterine devices.

"Appellants engage in an undisputed exercise of religion: they refrain from providing insurance coverage for abortion-inducing drugs," Hobby Lobby's appeal states. "Yet the government puts appellants to an impossible choice: either give up the religious exercise, or pay millions in fines."

In ruling against the company Monday, U.S. District Judge Joe Heaton said churches and other religious organizations have been granted constitutional protection from the birth-control provisions, but "Hobby Lobby and Mardel are not religious organizations."

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