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Federal Judge Throws Out Religious Challenge To Healthcare Law

Staff Reporters |
February 22, 2011 | 8:50 p.m. PST

A federal judge Tuesday upheld the provision of the healthcare reform bill that mandates all Americans have health insurance or pay a penalty. The lawsuit, brought by five plaintiffs who objected because they rely on God to heal them, was thrown out.

The AP reports:

"U.S. District Judge Gladys Kessler in Washington dismissed a lawsuit filed by the American Center for Law and Justice, a Christian legal group founded by evangelist Pat Robertson, on behalf of five Americans who can afford health insurance but have chosen for years not to buy it."

Three of the plaintiffs refuse medical care on religious grounds and two use exclusively alternative healing methods that aren't covered by most health insurance plans. But the judge disagreed that individuals can be so sure they will never rely on conventional medicine for help.

"Kessler...ruled that Congress has the right to regulate health care spending under the Commerce Clause and that the individual mandate must be viewed not as a stand-alone reform but as an essential part of the law Obama signed 11 months ago aimed at reducing overall costs. She also said that anyone who objects to having health care for religious reasons can choose to pay the penalty instead — as the lawsuit said all five plaintiffs plan to do.

Kessler also expressed doubts that they can really determine whether they will never require health care. 'Individuals like plaintiffs who allege now that they will refuse medical services in the future may well find their way into the health care market when they face the reality of illness or injury,' she wrote."

It's certainly not the first time the law has been challenged in court, but the court decisions seem to fall along party lines.

"Kessler is the third Democratic-appointed judge to dismiss a challenge, while two Republican-appointed judges have ruled part or all of the law unconstitutional."

Interestingly, there is an often-overlooked provision in the bill that would require insurers to consider covering Christian Science prayer as a type of medical treatment. That in itself caused a minor outcry among atheist groups, who say the provision violates the separation of church and state.



 

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