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.
The worst Pizza you can buy. He is a rich jerk who doesn't care for the poor people working for his crummy company. I am sure they are the lowest paid.
Yes, I'm sure that the people at the bottom of his company are the lowest paid.
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
Monaghan owns OWNS a 7 percent stake in the company and sold the rest to BAIN CAPITAL.
His property-holding company is the landlord for many Dominos Pizza buildings.
He also appears regularly in Dominos Pizza commercials.
And the pizza is disgusting. You can thank Monoghan and Mitt Romney for that, too.
And he doesn't pay benefits, his employees do.
He has no case and neither does anyone trying to defend this D-bag.
What can be expected from a guy with a wooden virgin on his desk?
splinters in his prick?
The Catholics made governments to deny religious rights to pagans, now they want the same rights for themselves ! HIPOCRITES stunk to the high heaven
Okay, if mandating companies to provide contraceptive coverage in health care plans is an infringement on the freedom of religion than why isn't banning ALL abortions an infringement on the freedom of religion. The Prolife (antichoice) folk's rational for overturning Roe Verses Wade is based on a purely spiritual basis, whether life begins at conception and/or whether it is moral to terminate the life of a fetus that is believed to have a soul is the basis for banning abortion. The Bible is the principle instrument used by Prolife proponents to make their argument that abortion is wrong and against God's law. So what if someone who wishes to terminate a pregnancy does not hold those same religious or spiritual views? If Roe Verses Wade were overturned wouldn't millions of women who may not hold the same religious convictions as Prolife proponents be having their religious freedom infringed upon as well as their privacy? I submit that the abortion issue is equally about freedom of Religion or the lack there of as it is about privacy.
What do you mean by this:
"So what if someone who wishes to terminate a pregnancy does not hold those same religious or spiritual views?"
Versus, not verses.
You almost have a cogent argument there. Rather than trying to decipher what I think you mean, could you possibly rephrase it?
Monaghan should have noted the following as reasons not to support current methods of birth "control":
The reality of se-x, abortion, contraception and STD/HIV control: – from an agnostic guy who enjoys intelligent se-x-
Note: Some words hyphenated to defeat an obvious word filter. ...
The Brutal Effects of Stupidity:
: The failures of the widely used birth "control" methods i.e. the Pill (8.7% actual failure rate) and male con-dom (17.4% actual failure rate) have led to the large rate of abortions and S-TDs in the USA. Men and women must either recognize their responsibilities by using the Pill or co-ndoms properly and/or use safer methods in order to reduce the epidemics of abortion and S-TDs.- Failure rate statistics provided by the Gut-tmacher Inst-itute. Unfortunately they do not give the statistics for doubling up i.e. using a combination of the Pill and a condom.
Added information before making your next move:
from the CDC-2006
"Se-xually transmitted diseases (STDs) remain a major public health challenge in the United States. While substantial progress has been made in preventing, diagnosing, and treating certain S-TDs in recent years, CDC estimates that approximately 19 million new infections occur each year, almost half of them among young people ages 15 to 24.1 In addition to the physical and psy-ch-ological consequences of S-TDs, these diseases also exact a tremendous economic toll. Direct medical costs as-sociated with STDs in the United States are estimated at up to $14.7 billion annually in 2006 dollars."
Consumer Reports, January, 2012
"Yes, or-al se-x is se-x, and it can boost cancer risk-
Here's a crucial message for teens (and all se-xually active "post-teeners": Or-al se-x carries many of the same risks as va-ginal se-x, including human papilloma virus, or HPV. And HPV may now be overtaking tobacco as the leading cause of or-al cancers in America in people under age 50.
"Adolescents don’t think or-al se-x is something to worry about," said Bonnie Halpern-Felsher professor of pediatrics at the University of California, San Francisco. "They view it as a way to have intimacy without having 's-ex.'" (It should be called the Bill Clinton Syndrome !!)
Obviously, political leaders in both parties, Planned Parenthood, parents, the "stupid part of the USA" and the educational system have failed miserably on many fronts.
The most effective forms of contraception, ranked by "Perfect use":
– (Abstinence, 0% failure rate)
– (Masturbation, mono or mutual, 0% failure rate)
One-month injectable and Implant (both at 0.05 percent)
Vasectomy and IUD (Mirena) (both at 0.1 percent)
The Pill, Three-month injectable, and the Patch (all at 0.3 percent)
Tubal sterilization (at 0.5 percent)
IUD (Copper-T) (0.6 percent)
Periodic abstinence (Post-ovulation) (1.0 percent)
Periodic abstinence (Symptothermal) and Male condom (both at 2.0 percent)
Periodic abstinence (Ovulation method) (3.0 percent)
Every other method ranks below these, including Withdrawal (4.0), Female condom (5.0), Diaphragm (6.0), Periodic abstinence (calendar) (9.0), the Sponge (9.0-20.0, depending on whether the woman using it has had a child in the past), Cervical cap (9.0-26.0, with the same caveat as the Sponge), and Spermicides (18.0).
We're so glad an ex-Catholic could chime in without any bias whatsoever. Yes, so glad. So, so glad.
You think everyone just needs to control themselves, hm?
That is not realistic, so either change your name or your misconceptions about reality.
You might want to reread the commentary. e.g. "Men and women must either recognize their responsibilities by using the Pill or co-ndoms properly and/or use safer methods in order to reduce the epidemics of abortion and S-TDs."
If men could have babies, this wouldn't be an issue.
I think you're absolutely correct.
I know its a crazy crazy idea but how about you keep your legs shut, stop making stupid posts and get a job.
I know it sounds crazy, asdhj, but if you had a pe nis or va gina either one, you would know things aren't that simple, dipshi t.
It's penis, vagina, dipshit.
So you know some html - don't be a dick...
Obama just tells people what they want to hear anyway. He sincerely believes that he is running a Monarchy–What a DA–
Suffering from dumbphukedness I see. do you always think with your rektum?
Aw...you still mad the election didn't go your way?
Get bent Jimmy.
A lot of fast food and retail businesses are making hour and other cutbacks to make things work with Obama's forced pet project. Too bad he doesn't make policies that actually help workers...
Really? What fast-food and retail businesses would those be?
Not how it sounded when the owner of 5Guys was interviewed. He's all for the health care mandate. It will mean adjusting a number of aspects of his business but it's not going to affect it greatly.
Well I find that their pizza's suck, now that I hear their policies suck, I just won't buy from there...nor eat it if someone else has bought one.
Carpe, Are you being paid to defend Monaghan?
@ Santa...... I'm not defending him at all.....Tired of people making up facts to go after a company who has nothing to do with this fight. And for the record @ Rational Humanist the super troll.....Dominos is a publicly traded company so anyone can own 7% or as much as you want.
carpe must be defending Monaghan or Dominos, since he's lying. That guy still owns lilke 7% of Dominos.
Fine, lets just send HIM the bill for all the unexpected pregnancies, Doctor bills, prenatal care, delivery bill, Food stamps, medicaid (for her and the kid) and finally the cost of the kids funeral when 'mommy' locks it in the closet and doesn't feed it for 3 years. All because she didn't want to get pregnant in the first place.
Ridiculous argument/post. You actually believe it's better to fund lack of personal responsibility & the continuing decline in moral values than to uphold our First Amendment Rights? Since your immortal soul is no longer a concern of yours, you might want to be careful about what else you're giving away.
The only kind of "trickle-down" that actually works:
"david defrank" degenerates to:
"Salero21" degenerates to:
"felix navidad" degenerates to:
"pervert alert" degenerates to:
"Taskmaster" degenerates to:
"Ronald Regonzo" degenerates to:
"truth be told" degenerates to:
"Atheism is not healthy ..." degenerates to:
"tina" degenerates to:
"captain america" degenerates to:
"just sayin" degenerates to:
"nope" degenerates to:
"Wow" degenerates to:
and many other names, but of course we all know this resident idiot as
the disgruntled ex Evangelical Fortune Cookie Co. "writer".
What "lack of moral responsibility", you nimrod? We aren't talking about just single women here. These women are married. They want to limit the size of their families so they don't have more kids than they afford. How, exactly, do you suggest they do that? Celibacy? Women spend 75% of their reproductive years trying not to get pregnant. Why shouldn't contraceptives be covered by their health plan? The employer isn't paying the entire cost, the employees pay premiums to cover part of the cost of the insurance. It isn't "free", you simp.
Are you that short-sighted?
It is also an individual's personal responsibility to eat healthy and exercise regularly. So, if some food junkies get diabetes and heart disease, hey! they should have been more responsible!!! Why give them health benefits! And also the smokers who get emphysema or lung cancer! Maybe, they also should be made to pay for health care costs of others who they affect passively!
Yeah, a share of the health care costs should be borne by Dominoes pizza coz they market and sell junk food which causes health problems to begin with!
Talk of responisibility!!!
Monaghan still owns a 7 percent stake in the company.
He sold the rest to ****Bain Capital****
So let's boycott the pizza that tastes horrible, is made by idiots, because the money goes to idiots like Romney and Monaghan.
And let's all hit the "report abuse" button on all of -carpe diem's– posts.
I just watched a new Domino's commercial with Monaghan starring in it. If the company wants to claim they are not associated with him anymore they need to stop using him in their advertising.
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.
Not to worry skywolf, soon your personal income will be $500/year and you will have all your contraceptives paid for
Who needs religious pizza anyway.
Maybe they will terminate alot of employees and only have 49. Then who wins?
If this guy decides to terminate all but 49 employees just to get out of the contraceptive mandate, he would also be putting profits before people, and wouldn't that be contrary to Jesus's teachings?
He's not a church.
His is not a nnon-profit organization.
He doesn't qualify.
Then good riddance to whatever crap compoany he runs. He can't run a business on his religion.
If you think you are pregnant, try eating a slice of Papa John, God Father or Domino. You won't need a pill.
I do so love Life! Life is a sacred commodity and should be cherished as a treasured reality in all its splendors. Sure their are very poor who cannot survive without help from caring organizations and yes their are the downtrodden women who would be very troubled should their pregnancies not be aborted.
My brother and his two kids and now three grandkids are his and my best treasures to keep him and I living together. My brother has made a new year's commitment to quit drinking! Today is my brother's first day of sobriety! May God's sons and daughters who live inside me and my brother give my brother and I the will to stay sober for the rest of our lives! Since I quit in '09 I have had no desire to drink and I give praises and glories to God's sons and daughters living inside us and others around us for keeping our family members from being without the needful things!
Sorry, I meant to post, "I give praises and glories to God's sons and daughters living inside us and others around us for keeping our family members from 'NOT' being without the needful things!"
You are delusional.
One person's delusions are but a fools conclusions,,, :-) :-( :-)
Read that to yourself, idiot.
Only the foolish proclaim others are delusional for as a fool sees things being but delusions by others, the more foolish the fool becomes! As a fool goes about, they are in need and yet not knowing their need they think all others to be delusional but it is only the fool who is of delusion.
Zip zap zip!
You must've eaten a lot of paint chips as a child...
No paint chips. But, I used model airplane glue putting together many plastic models in my bedroom. I spent hours each day in an enclosed room and the sweet smells of the glue permeated my nostrils!
Lionly, I think your giving up drinking was a mistake. Sobriety is not doing you any favors. It certainly fucks up your writing and grammar. Have a drink and enjoy life (and maybe write a lot better).
People can show their support for Obama care by not buying Domino's pizza or from any other business that does not support total health and reproductive coverage. No more Domino's pizza for me!
This just cost a lot of hard working people extra money. The government needs to try and curb medical costs not put more on the laps of working people. Why can you buy medicine in Canada that was made in the U.S. cheaper than here? Ask that of Obummer care.
In the long run, the ACA will curb medical costs.
he doesn't own any pizza stock anymore - read the article - he sold it in 1988 - get smart and quit trying to push your agenda
He sold it in 1998, and he's pushing his own agenda.
It's amazing – and preposterous – that people running a for-profit business (NOT a church) think they should be exempt from the same public law everyone else has to adhere to. Unless you exclusively hire born again Christians for employees and service only born again Christians for customers, adhere to the law or pay the penalty.
Or sell your business and give all the money to the poor; you know, like the Savior told the rich young man...
There is nothing I like more than chicken sandwiches, assault rifles, and a pizza.
This billionaire may get his way, but I will not buy his pizza products. He can't force that pizza on us.
gimme a break lady - read the article - he doesn't own Dominoes anymore - BTW it is his choice not to support things that go against his own beliefs, which are held by most people as independent of FEDERAL intrusion
He doesn't have the right to flout the law and neither does Domino's.
carpe must be defending, since he's lying. That guy still owns lilke 7% of Domino's.
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.