By Bill Mears, CNN
(CNN)– The billionaire founder of Domino's Pizza has won a temporary court victory, with a federal judge blocking enforcement of part of the health care reform bill requiring most employers to provide a range of contraception and reproductive health services.
Some business owners and their staff see that as a violation of their religious rights.
Federal Judge Lawrence Zatkoff issued his order late Sunday, saying Thomas Monaghan had "shown that abiding by the mandate will substantially burden his exercise of religion."
"The (federal) government has failed to satisfy its burden of showing that its actions were narrowly tailored to serve a compelling interest," said Zatkoff, a 1986 Reagan appointee. "Therefore, the court finds that plaintiffs have established at least some likelihood of succeeding on the merits" of their claim.
Monaghan filed the emergency petition this month, on behalf of himself and Domino's Farms Corp., a Michigan property management firm he operates, not directly related to the pizza-chain empire. Monaghan sold his majority interest in the pizza company in 1998.
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The case will continue to be heard in the federal courts while the stay remains in effect. The Obama administration has the option of appealing the order.
The judge's opinion comes just days after two federal appeals courts in Chicago and St. Louis became the first to rule against enforcement for businesses of the contraceptives mandate in the Affordable Care Act. The policy was set to go into effect Tuesday for many companies whose new insurance year begins on January 1st.
At issue is whether secular, for-profit enterprises– owned and operated by those of a strong religious or personal faith– are exempt from the Religious Freedom Restoration Act.
The separate health care law - dubbed Obamacare - provides such exceptions for religious institutions such as the Catholic Church, of which Monaghan is a member. He argues individually that contraception or abortion does not constitute "health care" and involves immoral practices that destroy "innocent human life."
"Causing death can never be considered a form of medical treatment," said Monaghan in court papers.
Other religious-affiliated groups like parochial schools and church-run hospitals are also temporarily exempted until new final rules are written in coming months.
That followed complaints from a variety of entities over who exactly was covered under the mandates, and who could bring legal objections in court.
The Justice Department, on behalf of the Obama administration, said the 2010 law - upheld this year by the Supreme Court - was designed to provide a range of preventive health services through expanded coverage and lower costs.
Federal lawyers - backed by a range of medical and abortion-rights groups - said economically disadvantaged women in particular need affordable access to reproductive health services contained in the law, which it said was a "compelling governmental interest."
Hobby Lobby faces millions in fines for bucking Obamacare
Under the law, companies with at least 50 employees must provide their female employees of child-bearing age insurance coverage for pregnancy-prevention care, including doctor visits and medicine.
Those firms face daily fines and tax penalties for failure to comply.
Other federal courts - including Supreme Court Justice Sonia Sotomayor last week– have allowed the new mandates to go into effect. Sotomayor in an order December 26 said the Supreme Court has never ruled on whether individuals or companies can rightfully claim federal mandates under their constitutional rights of religious freedom.
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That case involved Hobby Lobby Inc., and Mardel, Inc. and five family members involved in ownership and control of the corporations, who had protested the requirement.
Those separate companies said they would be required "to provide insurance coverage for certain drugs and devices that the applicants believe can cause abortions," which would be against their religious beliefs.
The petitioners said they would face irreparable harm if forced to choose between paying fines and complying with the requirement.
But Sotomayor - who handles emergency appeals from the 10th Circuit - said the applicants failed to meet "the demanding standard for the extraordinary relief," and that they could continue to pursue their challenge in lower courts and return to the higher court, if necessary, following a final judgment.
There was no indication when or if the high court would ultimately decide the religious freedom question. Several dozen separate lawsuits are pending in various lower federal courts.
The Michigan case is Monaghan v. Sebelius (12-15488).
CNN's Eric Marrapodi contributed to this report.
You really think Monaghan doesn't still have skin in the game? Puh-leeze! I consider Domino's Pizza a threat to the health of Americans–like the plague. It should be quarantined. Monaghan takes issue with Obamacare, but has no qualms about supporting the Catholic church and its pedophile priests who have destroyed children and families.
Monaghan is a hero – Thugbama the socialista will get his place in history – the Kenyan who tried to take down America.
Why doesn't Domino 's distance itself from this guy?.They could stop this talk if they wanted to.
Earlier this week, news stories came out that Domino's Pizza founder Tom Monaghan had filed suit against the federal government regarding healthcare. Since that time, the story has been widely misreported to indicate Domino’s was involved in this action, which is completely untrue. Tom Monaghan sold Domino’s Pizza in 1998 and today has NO active affiliation with our company. .....from Dominos Pizzas Facebook page
carpe diem is wrong. Monaghan still owns a 7 percent stake in the company. Avoid Dominos like the plague!
Why are people insulting Domino's Pizza and planning boycotts? The pizza company is not involved in the case. You want to put pizza shop owners and Dominos employees out of business because the former owner opposes a part of Obamacare for his Property Management Company???? Ohhhhh, you all didn't comprehend the article! Gotcha
Thugbama`s lemmings are all happy to wear the Yoke of the democrat plantation. They make me ill, and they erode our liberties.
Monaghan still owns a 7 percent stake in the company. The pizza company may not be involved, but one of the owners of it IS involved up to his greasy eyebrows – Monaghan himself.
Boycott the pizza that tastes like pond scum.
So can I sue him for not giving me any health care? Just asking.
Um, no you couldn't. Just telling.
I've worked at Dominos, God doesn't exist there, only money. This is ridiculous!
Earlier this week, news stories came out that Domino's Pizza founder Tom Monaghan had filed suit against the federal government regarding healthcare. Since that time, the story has been widely misreported to indicate Domino’s was involved in this action, which is completely untrue. Tom Monaghan sold Domino’s Pizza in 1998 and today has NO active affiliation with our company. The media often neglect to note this fact. His views are not our views, nor are his actions in any way related to our actions. Domino's Pizza has made no public statements about health care, as we are still waiting to see how the final rules will affect our network of small business owners. Domino's is not a political company; it is not a religious company – we are a pizza company........From Dominos Pizzas Facebook page
carpe diem is wrong. Monaghan still owns a 7 percent stake in the company.
Once again another exploiting corporate boss, using another to keep exploiting their workers. How many car garage does this guy have, just like"Papa John"
When was the last time he gave anything to his employees out of his personal gain
Perhaps a visit to one of his inner city stores would wake this guy up
Religious Freedom-One – Obama's leftist liberal socialist doomed to fail ridiculous idea of medical reform-Zero
I would say the law passing in the first place would probably give Obama a point wouldnt it? And then he won the Supreme Court ruling. That is two right there.
Another good reason not buy Domino's.
What reason would that be? Dominos Pizza has nothing to do with the case.
People like Gus spent little on education – believeing thier opinion trumps reason.
The t.itle of the article is "Pizza magnate...." Dominos should really consider a lawsuit if this article hurts their sales.
Monaghan believes his opinion trumps the law, so................
I am amazed at the amount of people that failed to comprehend the above article! The pizza boycotters just keep coming in! LOL
I agree, but it is also the fault of the Editors for ent'itling the article in this way. If it were called "Ave Maria University Founder Wins Temporary Ruling..." we wouldn't be seeing all of these mistaken posts.
Plus, I don't know anything about this Domino's Property Management Co. - does he own the property that the restaurants use?
Good question, OTOH. It would not surprise me.
People still eat that crappy pizza?
I wont purchas it either. Mostly because it tastes bad.
He calls this a 'win'? Why don't look into banning the coverage on VIAGRA? I bet it's paid for under health insurance. Or does he care about a female employee who is willing to take birth control to prevent an unwanted pregnancy?
I WILL NEVER PURCHASE ANOTHER DOMINO'S PIZZA for as long as I live, you moron.
Is that just because you want free stuff, or because you weren't a big fan of Dominos to begin with?
Why would you punish Domino's pizza? They are not involved in the case. Oh my, another brilliant person who neglected to read the article.
Susan – we do not value your opinion. Freedom in America. Try it on for size. Moron.
Susan actually most insurance don't cover viagra medi care doesn't cover it either.
Did this company provide contraception care before? I'm guessing it didn't so it's not taking away a benefit but refusing to provide a new benefit. Before you accept a job you know what kind of healthcare coverage you'll get. If you can't afford contraceptives on your own then make sure you look for a job with an employer who will cover them.
Its not Free-its COVERED under healthcare. Another misconception and idiotic lie presented as fact. Just like antibiotics and other drugs are not free under healthcare plans, obamacare just assures that it has to be COVERED, not free. Not to mention Birth control is used to treat numerous feminine health issues beyond preventing pregnancy. I am a married mother and I am on it, not to prevent pregnancy, but for health reasons-which my insurance does and should cover.
Good for him! Obama shoved Obamacare down the throats of the taxpayers. Now he needs to have it shoved back down his.
I'm sure you are aware we are the ONLY developed country in the world that does not have Universal health care. Zimbabwae (sp) were the average citizen income is $500/year provides Universal health care. Here everything is about the dollar.
You have not answered the question of your own existance as the rumor is that you were coceived in a petri dish, in vitro fertilization, along with several other embryos that were later destroyed. Do you believe the doctors that performed the procedure should be charged with murder for killing your siblings?
May i as'sume that you need time to scour through the christian apologetics site for an answer.
How many of you men posting here use a rubber EVERY time you have s#x? Or are you such hypocrites that you think women should just 'take care of themselves'?
If so, then you should have no problem with their doing so by using the pill and if necessary, Plan B.
Looks like you are back on the Chad's, I deem to answer you list and I have been put on the no answer list. How does that work exactly? Does he just ignore questions that he has no answer for, seems so?
Yes, "Really". "Chad" does, in fact, "ignore questions that he has no answer for", often just responding with a new question.
Thank you HAL 9001
Your EEI is mankinds gift to mankind, priceless.
How about trying decency and morality?
What is indecent and immoral about women having s@x? Are you such a fvcking moron that you think only unmarried women are using the pill or Plan B? I have news for you. MOST women spend 75% of their reproductive years of life trying to prevent an unplanned pregnancy. Unplanned pregnancies result in more birth defects, more underweight babies, and more abortions. Is that what you think will help us all have a better quality of life? Do you realize that abortion rates have steadily dropped as more contraceptive options and better availability of them have come about because of legislation?
Again, do you wear a rubber EVERY TIME YOU HAVE S#X? If not, what are YOU doing to prevent an unwanted pregnancy from occurring. If you aren't doing ANYTHING, you'd better be celibate, because otherwise, you can stuff your opinion about what women should or shouldn't do right where it hurts you the most.
Medicines are for an illness or to ease one's pain. Contraceptives are not for an illness nor are they for easing one's pain. Contraceptives are for abortion purposes, the wanton destruction of embryonic cells used for creating a living life form. The dumbing down of life ways for the sole purpose of aborting, leaves one empty and does sadden the creation processes to being but just a life function not a loving moment for the potential creation of a living being. Easing the psychological pains of abortion on demand is the principled judgments against pre-life becoming a living being's worthiness potentials.
Read the definition of "contraceptive" you moronic, babbling nut-job.
Of course, if, like LL, you boink other males,or even your own brother, you won't need to worry about causing a pregnancy.
I know that contraception means, "Birth control" you moronic woman in drag!
Anything to ease social minds engaging in the Acts of potential births becoming a reality. Birth control via contraceptives is neither for physical health concerns nor for pain. It is the pure adulterated action of destroying the potentiality of a living being!
Oral contraceptives are utilized for the treatment of endometriosis, a life threatening illness if it spreads to a women's organs such as the lungs. Do some research before spewing ideologically based garbage.
In a sense, yes, lionlylamb, like when you used to be able to scrub your little monkey and it actually did something.
Just because a medication to treat an ailment has a 'side-affect' does in no means give one the right to be used for such 'side-effects'.
My daughter has PCOS; she is a virgin, and she takes birth control.
You bet your sweet bippy I want that covered! (Thankfully, it is.)
It is not used soley as a contraceptive; there are other medical uses.
If drugs are used for illness and have a side effect of abortion, does it give abortionists a right to utilize certain drugs meant to control a physical and/or mental illness? Outright abortion since 1973 have resulted in over 53,000,000, yes 53 million deaths or doctor assisted destruction of many fetuses whose only faults were being conceptualized! That does not include the many numbers of unknowable drug-induced abortions! We have become nothing more than fetus garbage disposal societies!
lionlylamb: You dolt...it is not your fucking business nor the business of your imaginary friend how a woman decides to handle her body. Try worrying about your own hypocritical soul before passing judgement on anyone else. When your buybull can be used to make laws, then the rest of society will go by it, until then suck it up loser...the law and the science behind it stand-science says abortion is not murder and thus it isn't.
Lionlylamb, as a woman I can assure you that contraception does more than the narrow focus you list, probably because you're a man and have no knowledge or interest in what any female in your life experiences.
I had to use contraception to regulate very painful cramps and heavy menstruation that was very inconvenient and negatively affected my health, esp when my iron level dropped below half of what it should be. Unfortunately, painful cramps and conditions up to what I experienced are not at all uncommon in women of all ages. I talk about this freely because guys never learn about women's bodily functions, mostly consider them yucky, especially the religious guys, and yet are not shy about moralizing or legislating where these things are concerned.
Do you think most men take Viagra because the failure to achieve erection is a life-threatening illness?
If my uterus is something that should only function for making babies, shold not a man's penis also only function when that aim is in mind, and otherwise it's flaccidity in older age just be a given and accepted as the intention of a higher being?
I see reading comprehension is not your strong suit.
"My daughter has PCOS; she is a virgin, and she takes birth control.
You bet your sweet bippy I want that covered! (Thankfully, it is.)
It is not used soley as a contraceptive; there are other medical uses.
Other medical uses are not side effects, buddy. They are other medical uses.
If left untreated, PCOS can lead to infertility, you ass. I also said SHE'S A VIRGIN, so there is nothing immoral about this, even if I thought bcp's WERE immoral.
You're out of your league, here.
I'd advise you to stop weighing in on something that doesn't concern you, you being a "man" and all.
Where in any of this thread's post did I even bring up God? But now that you brought it up, I feel compelled to tell you about what God might "feel" regarding "women's" birth control options.
God might well say, "All celestial life formations of cellular cosmologies are sacred from the time of conceptualization to birth and beyond. I , God do sometimes make conceptual mistakes resulting in miscarriage but feel assured I God shall not give any yet to be birthed conceptualizations their spirited souls."
Since 1973, here in the USA there have been over 53,000,000 yes, that's 53+ million doctor assisted abortions! Imagine that ! Or, are you socially hardened to such a revelation of truthfulness?
Your racism of pro-abortion is showing. :-(
Like I said, I have nothing wrong with medications being used for physical and/or mental conditions!
Like I keep inferring, "Medications used for physical or mental conditions where the 'side-effects' might be aborted conceptualization is just that, 'side-effects'." For one to take medications based solely for aborting conception is something I am against not only because such an act goes against naturalism but it hinders our society in ways the commoner cares to not fathom. For instance, since 1973, the 53,000,000+, yes 53+ million doctor assisted abortions are taking away from the needed generations for keeping social security alive and well due fewer folks paying into social security.
Oh, right, but two old drunks living together on public assistance doesn't "hinder society" at all.
His stance on Obamacare is nothing more than a manifestation of the right wing's phobia of everything President Obama tries to achieve. In the end, his short term victory will be over-turned and his gloating reduced to shame.
What has Obama achieved. Oh thats right....nearing 10 trillion in debt. Liberals should seriously either be shot, oir educated.
Coleman Cooper: Are you stupid? That debt is a carry over from the republitards!!
coleman.....boy, go home and get your shinebox
coleman: how do you know the political leanings of a business owner? try to come up with a coherent response.....we will all be waiting, punk
How long will a boycott of this company take to force it into bankruptcy? I won't support anyone or any company that forces religious views on it employees or customers.
Yes, I would much rather support laid off Domino's employees on unemployment. That makes much more sense.
Is the the same guy who said that his pizza tastes like card board? I hate corp orates who try to enforce their religious views on employees and customers....
People like Cathy will say " you like people losing jobs". My response – " If I stop eating at Dominos doesn't mean that I stop eating. I will go to some other pizza shop and to serve more customers they need more employees" . Do simple math, rather than blackmailing on the name of religion.
Freedom Charles. Get used to it. I wont support a business owned by a liberal. My right – as it is your right.
Domino's is a publicly traded company no longer private owned. How is that exempt under religious exemption.?Not all stockholders share the same beliefs or opinions
Monaghan filed the emergency peti tion this month, on behalf of himself and Domino's Farms Corp., a Michigan property management firm he operates, not directly related to the pizza-chain empire. Monaghan sold his majority interest in the pizza company in 1998.
Of course the keyword there is "majority". When the door is open, who knows who's coming and going and who really has control in one way or another.
carpe diem is wrong. Monaghan still owns a 7 percent stake in the company. Boycott Dominos today!
The CNN Belief Blog covers the faith angles of the day's biggest stories, from breaking news to politics to entertainment, fostering a global conversation about the role of religion and belief in readers' lives. It's edited by CNN's Daniel Burke with contributions from Eric Marrapodi and CNN's worldwide news gathering team.