In fact, Wenger says, the government that would punish
the Hahns for not taking sufficient care of their employees
is actually making it harder for them to do so. Prior to the
Affordable Care Act, “the Hahns were providing outstand-
ing insurance—all kinds of things that weren’t required by
any law whatsoever; they were just concerned about their
employees and their employees’ well-being. They didn’t
need to be told by the government to do the right thing.”
Since the government got involved, though, Wenger says,
“It’s much more difficult and much more expensive to be able
to care for their employees in the way they want to. Instead,
they’re being mandated now to do something that isn’t even
preventing disease—it’s preventing, in all too many cases,
a live human being—a new life—from growing and being
born.”
“
“The question in this case is whether all
Americans will have religious freedom, and
be able to live and do business according
to their faith, or whether the federal gov-
ernment can pick and choose what faith is
… who are the faithful … and where and
when they can exercise that faith.”
The family business would face $100,000 a day in fines if
the Hahns refused to follow the mandate. Yet the thought of
supplementing abortion was unbearable. In December 2012,
they filed suit against their government in federal court.
They lost. They appealed, and lost again. They appealed
to the U.S. Court of Appeals for the 3rd Circuit—and lost
again. Wenger, an Alliance Defending Freedom Allied
Attorney who had worked closely with the ministry in the
earlier trials, realized the Hahns would need attorneys with
solid Supreme Court experience if they were to file the only
appeal left to them. Learning that ADF attorneys, represent-
ing other businesses, schools, and ministries, had won 18
of 19 court decisions blocking implementation of the HHS
mandate, the family enlisted ADF to join their legal team.
“The legal experience of Alliance Defending Freedom is
amazing, and empowering,” Wenger says. “From the get-go,
we were on the phone with ADF attorneys … and because of
the alliance, we were able to move the case effectively. Then,
in approaching the Supreme Court level, to be able to bring
ADF in as counsel, has been instrumental, just in terms of
their vast experience at this specialized level.”
“We have a great legal team,” Anthony says. “I’m glad
they’re supporting us, speaking for us—I’ve never had to
speak in the courtroom. But I can say, sitting there, listening
… I literally can feel my hands getting sweaty, because it’s just
such an important issue for us, as a family.”
“One of the judges said the choice for the Hahns in this
case is either to bury their religious beliefs or bury their
business,” says ADF Senior Counsel David Cortman, “and
certainly no one should have to make that choice. If the
government can force the Hahns to violate their sincerely
held religious beliefs just to engage in a livelihood … that
sets a dangerous precedent. If the government can do that to
them, it can certainly do much worse to others.”
“This isn’t a narrow issue about the HHS mandate,” he says.
“The principles that are involved here are much broader than
that, because they extend to all of our daily lives.”
“Most people spend their lives trying to earn a living for
their family,” says ADF Senior Legal Counsel Matt Bowman,
“and if the federal government can declare that religious
freedom doesn’t exist when you do business, or in health-
care, or in other areas of life, then the federal government
is assuming a power to itself to take away our freedoms and
to control what we’re doing. That’s incompatible with the
First Amendment, and with the freedoms this country was
founded to protect.”
35