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This Won’t Turn Out Well: The IRS prepares to enforce Obamacare’s contraception mandate.
Weekly Standard ^ | 6/17/13 | Ashley E. McGuire

Posted on 06/15/2013 4:23:38 AM PDT by rhema

On August 1, the one-year “safe harbor” for religious charities objecting to provisions of Obamacare will end. Starting then, these nonprofit employers will be forced to violate their religious beliefs or pay large fines. In charge of collecting the fines will be our recently newsworthy friends at the Internal Revenue Service.

To recap how we got here: In 2010 a panel created by the new health care law determined that all health insurance policies provided by employers must cover contraception, sterilization, and abortion drugs free of charge. Employers not complying with this Health and Human Services (HHS) mandate will be fined up to $100 per employee, per day. For some, that could mount to millions of dollars a year.

The administration and its supporters promoted the mandate as necessary for women’s health. They trotted out activist Sandra Fluke, who argued that women are withering under the pressure of having to pay for their own birth control. Never mind the fact that contraception can cost an insured woman as little as $9 a month, and many without insurance have access to the same products through publicly funded programs like Title X. To question the necessity of the new requirement, its supporters said, was to make war on women.

Some have tried to create the impression that a compromise was brokered to accommodate the objectors’ conscience concerns. But this is not so.

The original mandate included only a narrow religious exemption, for churches and other houses of worship, their “integrated auxiliaries,” and religious orders. This outraged many, including even some liberal Catholics. It is no small thing, after all, for plaintiffs of various faiths who believe that life begins at conception to be forced into complicity with murder when they provide their employees a drug whose own label warns it can destroy a fertilized egg. Nevertheless, the final rule was published on February 15, 2012, and went into effect for private companies on August 1, 2012.

Over 30 private businesses sued, and the Department of Justice has been flying its attorneys around the country to argue in court that business owners should check their religious beliefs at the door. So far, some 20 plaintiffs have been granted preliminary injunctions, meaning they don’t have to comply with the mandate while waiting for the courts to rule on the merits of their cases. All eyes are on the Hobby Lobby case, just argued by the Becket Fund for Religious Liberty before the Tenth U.S. Circuit Court of Appeals. The financial stakes in this case are high, as the owners face potential fines of $1.3 million a day for noncompliance with the mandate.

Faced with the public outcry, the government did allow nonexempt religious organizations​—​hospitals, universities, charities, and so on​—​a year to get over their scruples and figure out how to comply. That year ends on August 1, when another 30 or so lawsuits filed by objecting nonprofits will be activated. But now, enter stage left: the IRS.

The way the regulation is written, it is the IRS that determines whether an organization qualifies for full exemption from the HHS mandate. To qualify, an organization must be a nonprofit as described in section 6033(a)(1) and section 6033(a)(3)(A)(i) or (iii) (oh, my!) of the amended Internal Revenue Code of 1986 and therefore exempt from filing Form 990, which most nonprofits must file annually.

Religious entities that do not qualify for the 990 exemption may seek alleged relief from the mandate by certifying to their insurance company that they cannot provide the objectionable services and products. The insurance company is then required to issue to each covered employee a separate policy covering contraception, sterilization, and abortifacients free of charge. So the employer is still in the position of facilitating the flow of objectionable services to his employees.

What’s more, these employers must maintain their “self-certification” in their records for each plan year and make it available for examination upon request by “regulators, issuers, third party administrators, and plan participants and beneficiaries.” The IRS may investigate and challenge any self-certification.

So the very enforcers at the IRS whose own inspector general admits they systematically targeted conservative and religious groups will now get to decide who is entitled to ladle soup into a bowl for a homeless person without violating his or her conscience.

As details of the IRS scandal continue to emerge, it’s evident that religious values were indeed scrutinized by bureaucrats. A growing number of religious groups and charities are coming forward to report delays in their applications for tax-exempt status, including the Catholics United Education Fund, Christian Voices for Life, and Family Talk Action. Others, like Samaritan’s Purse, underwent audits or other IRS scrutiny that seemed out of left field. One targeted group, the Coalition for Life of Iowa, was asked by the IRS about the content of its prayers.

What’s more, Lois Lerner, the head of the IRS’s division on tax-exempt organizations who was placed on administrative leave last month after declining to testify before a House committee, was rewarded with that job after a history of harassing religious people in a previous position as head of enforcement at the Federal Election Commission from 1986 to 2001.

Having lost whatever reputation it had for politically neutral enforcement of the tax code, the IRS, come August 1, will nevertheless gain new authority to determine what constitutes religious activity and which religious employers are entitled to conscience rights under Obamacare. If the case for repealing this unjust intrusion on the free exercise of religion was always strong, in recent weeks it’s gotten stronger still.

Ashley E. McGuire is a senior fellow with the Catholic Association and the editor of the women’s web magazine AltCatholicah.


TOPICS: Culture/Society; Editorial; Government; News/Current Events
KEYWORDS: abortion; catholic; christian; deathpanels; doj; dojapprovedcrime; federalabuse; felonyignored; hhs; hobbylobby; irs; loislerner; obama; obamacare; prolife; sebelius; typicalfelonyignored; zerocare
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1 posted on 06/15/2013 4:23:38 AM PDT by rhema
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To: rhema














2 posted on 06/15/2013 4:29:41 AM PDT by LyinLibs (If victims of islam were more "islamophobic," maybe they'd still be alive.)
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To: rhema

So churches will now be swarmed with assault-rifle-toting IRS critters, while of course mosques are excluded.


3 posted on 06/15/2013 4:30:57 AM PDT by Hardraade (http://junipersec.wordpress.com (Obama equals Osama))
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To: rhema

BTTT


4 posted on 06/15/2013 4:32:56 AM PDT by kitkat
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To: LyinLibs

We are no longer a Free Country.

Freedom of Religion is dead.

It is only a matter of time until the IRS closes down Church’s and School, and hospitals.

The order to marry homosexuals or close the doors is not far away either.


5 posted on 06/15/2013 4:33:16 AM PDT by Venturer
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To: rhema
Czars, diktats, regulations with the force of law, a highly paid nomenklatura, that is loyal to the democrat party.

Courts that presume government may do as it wishes rather than make decisions based on a presumption of personal liberty.

“The citizens begin by giving up some part of the constitution, and so with greater ease the government changes something else which is a little more important, until they have undermined the whole fabric of the state.” - Aristotle

6 posted on 06/15/2013 4:37:16 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: LyinLibs

The fault for this lies not only with this foreign administration, but with Congress. They should not be financing this disastrous program. Without money, none of it gets implemented. That is why BO is constantly raising campaign money for the 2014 election. If he can steal the House, America is finished as a nation.


7 posted on 06/15/2013 4:42:49 AM PDT by txrefugee
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To: rhema

Make a choice: your beliefs or your job. Most will choose their job and then throw away their faith.

And that is the intention of this anti-Christian administration.


8 posted on 06/15/2013 4:58:45 AM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: rhema

Are we fed up enough with these barbarians to stop bandying words about and actually do something substantive about it?


9 posted on 06/15/2013 5:11:59 AM PDT by Gaffer
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To: txrefugee

And thanks to the Supremem Court Just-Usses who said this was fine....John ROBERTS, you have THIS on your head, you BLACKMAILED PUTZ!!


10 posted on 06/15/2013 5:18:15 AM PDT by Ann Archy (Abortion.....the HUMAN Sacrifice to the god of Convenience.)
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To: LyinLibs

So prison for people who heal simply because they won’t give the pill? Ridiculous.


11 posted on 06/15/2013 5:19:39 AM PDT by lavaroise
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To: Venturer

I agree with your assessment.


12 posted on 06/15/2013 5:20:53 AM PDT by sport
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To: txrefugee

Don’t be surprised if the Democrats take control of the House. Also expect to see and hear all kinds of dirt on the Republican candidates.


13 posted on 06/15/2013 5:23:58 AM PDT by sport
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To: Gaffer
Are we fed up enough with these barbarians to stop bandying words about and actually do something substantive about it?

I'm open to suggestions, but what are our options when Americans keep voting FOR this?

14 posted on 06/15/2013 5:32:00 AM PDT by TwelveOfTwenty (Ho, ho, hey, hey, I'm BUYcotting Chick-Fil-A)
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To: Gaffer

Nope. The sheep stil have gas for teir vehicles, food for their table, entainment through various t.v. programs, money in their pockets. Expect that trend to continue up until the day the Government is ready to strike. Everything will be shut down and then they will strike. This will probably happen between now and 2016. If you are still around then, don’t expect obama’s goons to leave peacefully or quitely. Don’t expect a new “CW11”. A “CW 11” has been waging since November 4, 2008 and before. We are currently on the losing side.


15 posted on 06/15/2013 5:34:46 AM PDT by sport
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To: rhema
On August 1, the one-year “safe harbor” for religious charities objecting to provisions of Obamacare will end. Starting then, these nonprofit employers will be forced to violate their religious beliefs or pay large fines.

Oh?

Only two options given?

I tend to think there are more...

16 posted on 06/15/2013 5:36:23 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie
I tend to think there are more...

"We're going to have some problems here."

17 posted on 06/15/2013 5:38:36 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: lavaroise

Yep! That is the way it wil be. If you think that those in power today have any qualms about imprisoning or killing anyone who stands in their way , you are living in a fantasy land. The same goes for furthuring their agenda. The Ben Gazi [sp?] incident and the George Zimmerman case should be lessons.


18 posted on 06/15/2013 5:40:50 AM PDT by sport
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To: Venturer

19 posted on 06/15/2013 5:41:51 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: rhema
They trotted out activist Sandra Fluke, who argued that women are withering under the pressure of having to pay for their own birth control.




20 posted on 06/15/2013 5:43:18 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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