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.
This pizza is s**t.
Your assertion is correct, "David". One of my incompetent administrators once dropped a slice of Domino's pizza near my cooling system's intake fan. To explain how this affected me, I will utilize my Idiomatic Expression Equivalency module (IEE): It smelled like azz, dude!
Domino pizza was sold to BAIN Capital in 1998 that explains why the pizza quality is only 47% of what it was
That is the last Domino's Pizza I will ever purchase! I am tired of self appointed old white guys trying to control women's bodies.
women are the biggest hypocrites to live. They want equality yet refuse to fight for their right to be forced to sign up for selective services when they turn 18 like a man. They claim they are violated and told what to do with their bodies when abortion issues come up... yet they want others to pay for their privet life stuff like contraception and stuff... This just proves, women dont even have a clue what they want. GO DOMINOS!!!
Maybe if women had better control over their bodies and kept their legs closed they wouldn't need anyone to tell them what to do with their bodies.
I'm guessing that the impetus for that rant has something to do with the fact that you don't get much time with women's "privets?"
Never throw the letter "Q" into a privet bush.
pugh, you got some hardcore trolling coming your way. Enjoy dumbass! I'm sorry no lady would put out for you. Could be your attitude.
what a fvcktard pugh. get over yourself.
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
Yes... yes... just let them keep popping out unwanted babies because that is their right. And guess who pays for many of these kids... we all do, including Mr. Crappy Pizza
Man, I really liked Domino's Pizza, now I'll never eat there again. How lame of them to impose their religion on anyone.
They are not imposing their religion on anyone they are standing on their beliefs. Why do we have to compromise our beliefsand pay for a woman who can't keep her legs closed. That's the 100% most effective form of birth control, and it's free.
A woman keeping her legs closed is no barrier to me.
Listen to this 'our beliefs' bullshit. Hey pugh, it's not everyone's beliefs. Why don't you keep your cancer to yourself?
I love how these gimps think that married women shouldn't have se.x with their husbands. I suspect that they aren't married themselves.
pugh showing what an azzwipe he is. pathetic waste of space.
Little Caesar's pizza sounds better and better.
Perhaps I missed the part of the bible where it said thou shalt not use condoms nor partake of birth control pills. Could someone please direct me to the book chapter and verse.
It also doesn't say anything about life beginning at conception
These fools are whack.
You guys are silly.
My favorite part is reading people will 'boycott' this company. What's even funnier is reading they will only buy local. So I have some friends and family over. I'll go pay $20 for a large pizza X3. Three Pizzas for 60 dollars. Have fun explaining to your family that you are that much of a D-bag that you paid around $75 all said and done for three pizzas (that's not including bread sticks etc.).
You are the same people who use your smart phones to scan a UPC code and try to find the cheapest buy on an item. Then you complain you get terrible customer support for the item. YOU paid less for poor support.
Every company should be able to do as they please with their workers. If the workers decide they don't want to work there, let them leave. There are others to fill that role. If there are no others to fill that role, the company will eventually drown.
No one gives a shit, homey. Choke on your pizza.
Its guys like you that made workers form unions. If you don't like the laws protecting workers, take your business else where. I would like to see you deliver a hot pizza made in China!
I'm sorry you think it's silly that people will boycott Domino's. There are plenty of good pizza places, and I don't mind spending more to avoid Domino's. That makes me a D bag? Grow up.
Where the hell are you buying your pizza from that it costs even $60 for 3 large pizza's?
You know why I haven't bought pizza from Domino's in 2 decades, even without THIS d bag's little tantrum? Because their pizza tastes like cardboard; it's a sh!tty pizza...and their "new and improved", from what I understand, isn't.
Your retarded remarks about explaining anything to my family is just that; retarded.
If you can't afford to order out, you shouldn't be, anyway. Your family will thank you for not ordering the sh!t pie called Domino's.
Your post is about the silliest thing I have ever read. Go back to sleep, Rip Van Winkle.
As for your other remarks, you MUST be retired, or you are just starting out; NOn companies do NOT get to treat their employees whatever way they want, bucko, and if you think they should, again, you have a lot to learn; you either have no idea about how the labor force works, or are too ancient to be relevant. Whatever; you're wrong.
I, for one, will continue to boycott Dominos Pizza for several reasons, including:
♦ This rich maggot still owns a 7 percent interest in the company as well as having old relationships with current employees.
♦ This sleazy "magnate" got his 1 billion dollars by selling 93 percent of the company to BAIN CAPITAL, a company we know to be a sleazy as they come.
♦ After he sold the company, the quality of the food nosedived. Thanks to Bain Capital's "leadership", they effectively destroyed a great deal in long-term profits for short-term gain by refusing to consider quality as a profit-making aspect of the business.
♦ They've had 13 years to stop making crappy pizza with cheap ingredients and fillers, yet continued despite losing customers in the millions. They deserve to go out of business forever.
♦ The pizza tastes horrible, so boycotting the company is not a problem anyway.
Greedy people who slash quality for short-term gain clearly have a lack of ethics and show a definite lack of concern for those who will get sick from their disgusting, low-quality product.
They lose market share all the time, with almost every pizza they sell. This is Bain Capital-type thinking at work. This is the crap we would have seen if Romney had won. They would have turned this country into a toxic-waste dump while they took long vacations using money they really never earned.
Refusing to buy shitty pizza is the least of our worries.
Thanks, RH. Well done.
I did not had any idea that Dominos uses all the crappy stuff to craft their pizza until a friend of mine told it to me..ever since I have been buying local or Papa Johns ..thanks for reminding about their crappy nasty fillers..
Most of our local bread companies started using fillers. Nobody can eat the stuff anymore. Many foods have been hit by the "shrink-ray" also, as well as nosediving in quality. Shopping for bread is now difficult. Milk – same thing. Prices may go up, but if they never fix the quality issues, it won't matter anyway. Nobody can drink it at the lower price anyway.
This is a direct result of massive de-regulation. Any food can now KILL PEOPLE, but the wealthy don't mind that at all.
Bull sh** LIE AND YOU KNOW IT !!!!!!!!!!!!!!!!
Carpe, Do you think it a coincidence that he is their landlord at his current business? Also can a company have a religion?
This is attrocious! Womens healthcare is held hostage by the Religious Right (Wrong)! And every1 is jumping on the bandwagon! Isn't it convenient that all these businesses are so "religious," now, that they simply can't allow women to have the care we need because of "religious reasons"! It seems to be used as a loophole out of Obamacare, to me! Wont work! Can't shortchange people on fulltime hours & healthcare anymore! Be a good Christian, pay a living wage & give a care about your employees!Then I'll belive you are 1!!
If you would take time to do a little research they are not arguing against birth control pills. Since when is abortion a form of birh control?
Pedgies...why can't you read? They only think the morning after pill is for abortions. It's not. You are part of the problem.
You are correct.
Religion is the BIGGEST farce in the entire world and more people and more companies hide behind it and make money
from it than you can imagine. I wonder when the last time Monaghan was even in a church. Weasle.
Watch the flood of companies claiming to be Christian Scientist in order to not offer any health care insurance at all if this precedent holds. I'm guessing that the hypocrite rate here tonight would be about 95%?
I wish hypocracy was flammable
@Alpa Chino – Good one! It sure would make things interesting, wouldn't it?
Everyone would have to be extremely careful what they said then, eh? LOL
At Dominos of all places? Condoms or not, those fluids are getting into your pizza. I wonder if this dude has ever walked around a Dominos kitchen without pre-announcing his arrival.
BFD! Most of us don't care about Domino's Farms Corp., a Michigan property management firm Thomas Monaghan operates.
Democrats are Marxists.
Republicans are Nazis.
And, Richard is retarded.
What's the real name, Democrat wuss?
No. Taking one's property to build a pipeline through it is Marxist
Forks are impossible!!
What's the real impossibility, KommiKon?
A lot of them are too young to know who the Marx brothers were.
Skinny dudes can't hang.
Slowly has terrific!
Since no one but a few actual communists are espousing any of Marx's brand of communism, you must be a troll.
2 / 10 for your lame trolling, Richard. Why not say something intelligent? Come on, I know you can do it if you try!
Guess they can work some where else. We need to stop pushing liberal ways on religious people, they don't like religious people pushing there ways on them.
It's called providing equal coverage to everyone...it's called the law. Tough shit.
The problem is not liberals pushing their ways on religious people. It's religious people at the head of large corporations pushing their ways on employees who come from many religions.
Dominoes Pizza has no religious affiliation and has never been babtized. If Dominoes doesn't like the laws that protect workers it can leave. I'd like to see them deliver a hot pizza made in China. !!
You don't have to work there. You do have a choice.
Dumb bitches like this get their way? Won't be anywhere left to work.
You're a troll. We are now seeing the Obamination of Desolation, as prophesied by Daniel. Socialism as a tool to rob from the producers in our society in the name of equality, while making sloth easier and more tolerable. Even Christ himself said that the lazy should not eat the bread of the laborer. Bread and circuses, man....the Romans thought that was the way to keep the masses from revolting, as well.
Yes. We need to get back to old fasion capitalism. Like the Vanderbilts and Carnegies. Oh wait, I almost forgot- railroads were built on land GIVEN to them by the government. Well then, how about Alcoa, the wealthy company that made aluminum for our war efforts. Oh yeah, they were able to make aluminum because of the cheap energy supplied by the damns made by the TVA-an energy source Alcoa never could have provided. And then we have agriculture- the most government supported business in the world. And not coincidently the best system in the world. It seems a mix of capitalism and government assistance is very good for business
Providing healthcare is the law. Period! Privacy too is the law and employers need to butt out of their employees' business.
If healthcare provivdes a birth control pill or abortion or a vasectomy, what business is it of an employer? NONE!
So if the employer is a Jehovah's Witness and their belief doesn't allow blood products(transfusions) they're going to be allowed to stop an employee having one paid for too? That's just nonsense. But if Dominos is allowed to weazle out of this health care law that will allow others to follow for the same thing.
Contraception is not a health care issue and should not be provided for under health insurance.
"contraception is not a healthcare issue"?? Really? I guess being shot by a crazed gunman isn't a healthcare issue either, then.
I guess we'll all live with you in fantasy-land where words mean whatever you want and nothing makes any sense.
knucklecheese why would he be given a choice is some ones life? He is not God!
Another GOP crazy!
So sick of this BS. Don't be mean for Jesus. Jesus was NOT mean. EVOLVE.
You are only as evolved as any religion will let you be.
Exactly why I don't go to church.
If a Seventh Day Adventist owned a business he could refuse to pay for any health insurance as medical treatment is against his religion. The military is against my religion. Do I get a refund of my taxes proportional to the amount spent on defense spending. Besides what religion can any business have?
BFD! Most of us don't have to deal with Domino's Farms Corp., a Michigan property management firm Thomas Monaghan operates.
Let me get this straight. It's against his religious views to provide appropriate health care OPTIONS to his fellow humans? Yet he sells that horrible "food" to them.
No, he is against being forced to provide abortion services, or medication that causes abortions to his fellow humans. He believes that is wrong. He would prefer that he be given a choice in the matter, you know, kind of how people can CHOOSE not to buy his "horrible food". Grow up kid.
knucklecheese...it doesn't cause abortions. These mouth breathers only believe it does. That don't make it true. Don't be as dumb as they are. I feel Domino's causes abortion. Quick, get me a lawsuit.
You don't have the right to tell me how to live my personal life or what my healthcare needs are. Shall I exercise this "choice" thing you think we should have and "choose" to firebomb your church?
Your religion is a private thing. You are provided with options and are not required to take them, so it is no skin off your religious nose. A minimum of healthcare is the duty of our government. They save your skin with soldiers, medics, law enforcement, and a host of other agencies.
Shall we refuse to let anyone put out the fire when your house starts to burn? Or would you like that choice yourself?
You are a pinhead.
It's a shame that the most logical responses to knucklecheese were "Pizza causes abortions" and "It's fine for government to tell you what to do but not religion."
Stupid deserves more stupid.
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.