Weingartz Supply Company et al v. Sebelius et al

Filing 92

PRELIMINARY INJUNCTION Order Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LEGATUS, et al.,
Plaintiffs,
v.

Case No. 12-12061

KATHLEEN SEBELIUS, et al.,
Defendants.
/
PRELIMINARY INJUNCTION ORDER
In accordance with the court’s December 20, 2013, opinion and order granting
Legatus’s motion for preliminary injunction, the court hereby GRANTS a preliminary
injunction in favor of Legatus.
Legatus sought preliminary injunctive relief under the Religious Freedom
Restoration Act, 42 U.S.C. § 2000bb et seq. claiming that the regulations at issue
violated Legatus’s exercise of religion. The balance of harms tips strongly in favor of
Legatus. Legatus has shown that there is a risk that the regulations will substantially
infringe on its sincere exercise of religious beliefs, thereby causing irreparable injury.
On January 1, 2014, the regulations would be enforced against Legatus in the absence
of a preliminary injunction. The Government will suffer comparatively minimal harm if
an injunction is granted. A preliminary injunction is therefore warranted.
Accordingly, Defendants, their agents, officers, and employees, in addition to
Legatus’s insurance provider Blue Cross/Blue Shield of Michigan, and any requirement
that Legatus provide contraception, abortifacients, or related education and counseling

in its employee health plans contrary to its religious objections, are hereby ENJOINED
from any application or enforcement thereof against Legatus, including the substantive
requirements imposed in 42 U.S.C. § 300gg-13(a)(4), Pub. L. 111-148, § 1563(e)–(f),
the application of the penalties found in 26 U.S.C. §§ 4980D & 4980H and 29 U.S.C.
§ 1132, and any determination that any requirement is applicable to Legatus.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: December 20, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 20, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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