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Pittsburgh Catholic Diocese Moves on Suit Against Health Care Mandate

The Roman Catholic Diocese of Pittsburgh was joined Monday by a pair of associated agencies in filing suit in federal court asking a judge to overturn a portion of the soon-to-be implemented Affordable Care Act. The Diocese, along with the Catholic Cemeteries Association and Catholic Charities, is asking to have the portion of the Act that would force insurance providers to offer contraceptive drugs and procedures for free stricken from the law.

Eleven other suits have been filed in federal court districts across the country. In total, there are more than 40 plaintiffs.

"The HHS (Health and Humans Services) mandate violates the fundamental rights to religious freedom as guaranteed by the First Amendment of the constitution of the United States," said Pittsburgh Roman Catholic Bishop David Zubik.

In February HHS Administrator Kathleen Sebelious announced a compromise that would force all insurers to offer the coverage, shifting the burden off of religious institutions and on to the insurance providers. Zubik said he has serious concerns about that solution.

"We're still involved because we would have to facilitate that process," said Zubik. Compounding the issues is the fact that the Catholic Diocese of Pittsburgh self-insures.

Sebelious has said religious entities that work primarily with followers and primarily employee followers in the furtherance of the religion would be exempt. That, too, does not sit well with Zubik when he compares it to the church's mission of charity.

"We cannot accept that rather than asking the question, 'Are you sick?' and 'Are you hungry?' that we must first ask 'Are you Catholic?'" said Zubik. "We help people because we are Catholic, not because they are Catholic."

The federal Department of Health and Human Services didn't immediately respond to requests for comment on the lawsuit.

The U.S. Supreme Court has already heard arguments on the unconstitutionality of the Affordable Care Act, but Zubik said the suit must move forward despite that. He said it is unclear if the high court will rule on the law in its entirety or just on portions of the law that have noting to do with contraception.

The mandate will go into effect for non-religious businesses August 1, 2012 and August 1, 2013 for religious institutions such as the Dioceses. Zubik said the church cannot sit back and watch knowing how long this type of a suit can take to work its way through the courts.

Geneva College, a private Christian school in western Pennsylvania, filed a similar lawsuit in February. The Justice Department has asked a judge to dismiss Geneva's lawsuit as "premature" because the regulations could change before an August 2013 deadline.