No contraception mandate for Christian ministry
A federal ruling will allow a retirement community in Fort Myers and five other organizations to avoid providing employees with abortion-inducing drugs through their insurance plans.
U.S. District Court Judge John E. Steele ruled in favor of the Shell Point Retirement Community stating that the "compliance with the Contraception Mandate does impose a substantial burden on plaintiffs' religious exercise."
The case was brought forward by the Liberty Institute on behalf of Shell Point and three other retirement communities in the country, as well as Crown College in Minnesota and Simpson University in California. All are affiliated with the Christian and Missionary Alliance ministries.
A spokesman for the Department of Health and Human Services referred all questions to the Department of Justice. A representative for the Department of Justice did not respond Wednesday evening.
"What I think we simply did is spoke to our heart and the conviction of what we are," said Peter Dys, president of the Shell Point Retirement Community. "We just hoped and prayed it would turn out the way intended it."
About 2,300 people live at the community on Shell Point Boulevard and it employs more than 1,000 people from nursing physicians, to sales staff, maintenance and housekeeping, Dys said.
Jeremy Dys, senior counsel with the Liberty Institute and Peter Dys's son, said after the Hobby Lobby ruling last summer he was optimistic the court would rule in their favor.
"The logical next step is that, to include nonprofit ministries," Jeremy Dys said.
Jeremy Dys said he thinks this issue could reach the Supreme Court.
According to the ruling, an employer who doesn't provide contraception to their employees would be charged $100 per day per employee.
This, Jeremy Dys, said would have placed Shell Point Retirement Community under financial difficulty.
"It took a fair amount of time for the Affordable Care Act to be understood," Peter Dys said. "We were monitoring it because of the dilemma we were placed in."
Peter Dys said he's been monitoring the situation since the Affordable Health Care Act was enacted in 2010.
"I am happy the reprieve we have is in place and we are happy it will be sustained," Peter Dys said. "I'm glad we are able to continue to work and live."
CORRECTION: A previous version of this story misstated the kind of exemption Shell Point Retirement Community has been granted. They will continue to provide birth control to employees, but not abortion-inducing drugs.