HOBBY LOBBY STORES, INC. v. SEBELIUS

No. CIV-12-1000-HE.

HOBBY LOBBY STORES, INC., et al., Plaintiffs, v. KATHLEEN SEBELIUS, Secretary of the United States Department of Health and Human Services, et al., Defendants.

United States District Court, W.D. Oklahoma.

November 19, 2014.


Attorney(s) appearing for the Case

Hobby Lobby Stores Inc, Plaintiff, represented by Charles E Geister, III, Hartzog Conger Cason & Neville, Derek B Ensminger, Hartzog Conger Cason & Neville, Adele A Keim, The Becket Fund for Religious Liberty, Eric S Baxter, The Becket Fund for Religious Liberty, Lori H Windham, The Becket Fund for Religious Liberty, Mark L Rienzi, The Becket Fund for Religious Liberty & Stuart K Duncan, The Becket Fund for Religious Liberty.

Mardel Inc, Plaintiff, represented by Charles E Geister, III, Hartzog Conger Cason & Neville, Derek B Ensminger, Hartzog Conger Cason & Neville, Adele A Keim, The Becket Fund for Religious Liberty, Eric S Baxter, The Becket Fund for Religious Liberty, Lori H Windham, The Becket Fund for Religious Liberty, Mark L Rienzi, The Becket Fund for Religious Liberty & Stuart K Duncan, The Becket Fund for Religious Liberty.

David Green, Plaintiff, represented by Charles E Geister, III, Hartzog Conger Cason & Neville, Derek B Ensminger, Hartzog Conger Cason & Neville, Adele A Keim, The Becket Fund for Religious Liberty, Eric S Baxter, The Becket Fund for Religious Liberty, Lori H Windham, The Becket Fund for Religious Liberty, Mark L Rienzi, The Becket Fund for Religious Liberty & Stuart K Duncan, The Becket Fund for Religious Liberty.

Barbara Green, Plaintiff, represented by Charles E Geister, III, Hartzog Conger Cason & Neville, Derek B Ensminger, Hartzog Conger Cason & Neville, Adele A Keim, The Becket Fund for Religious Liberty, Eric S Baxter, The Becket Fund for Religious Liberty, Lori H Windham, The Becket Fund for Religious Liberty, Mark L Rienzi, The Becket Fund for Religious Liberty & Stuart K Duncan, The Becket Fund for Religious Liberty.

Mart Green, Plaintiff, represented by Charles E Geister, III, Hartzog Conger Cason & Neville, Derek B Ensminger, Hartzog Conger Cason & Neville, Adele A Keim, The Becket Fund for Religious Liberty, Eric S Baxter, The Becket Fund for Religious Liberty, Lori H Windham, The Becket Fund for Religious Liberty, Mark L Rienzi, The Becket Fund for Religious Liberty & Stuart K Duncan, The Becket Fund for Religious Liberty.

Steve Green, Plaintiff, represented by Charles E Geister, III, Hartzog Conger Cason & Neville, Derek B Ensminger, Hartzog Conger Cason & Neville, Adele A Keim, The Becket Fund for Religious Liberty, Eric S Baxter, The Becket Fund for Religious Liberty, Lori H Windham, The Becket Fund for Religious Liberty, Mark L Rienzi, The Becket Fund for Religious Liberty & Stuart K Duncan, The Becket Fund for Religious Liberty.

Darsee Lett, Plaintiff, represented by Charles E Geister, III, Hartzog Conger Cason & Neville, Derek B Ensminger, Hartzog Conger Cason & Neville, Adele A Keim, The Becket Fund for Religious Liberty, Eric S Baxter, The Becket Fund for Religious Liberty, Lori H Windham, The Becket Fund for Religious Liberty, Mark L Rienzi, The Becket Fund for Religious Liberty & Stuart K Duncan, The Becket Fund for Religious Liberty.

Kathleen Sebelius, Secretary of the United States Department of Health and Human Services, Defendant, represented by Michelle R Bennett, US Dept of Justice Civil Div.

United States Department of Health and Human Services, Defendant, represented by Michelle R Bennett, US Dept of Justice Civil Div.

Hilda Solis, Secretary of the United States Department of Labor, Defendant, represented by Michelle R Bennett, US Dept of Justice Civil Div.

United States Department of Labor, Defendant, represented by Michelle R Bennett, US Dept of Justice Civil Div.

Timothy F Geithner, Secretary of the United States Department of Treasury, Defendant, represented by Michelle R Bennett, US Dept of Justice Civil Div.

United States Department of the Treasury, Defendant, represented by Michelle R Bennett, US Dept of Justice Civil Div.

Senator Orrin G Hatch, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Senator Daniel R Coats, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Thad Cochran, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Senator Mike Crapo, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Senator Charles Grassley, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Senator James M Inhofe, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Senator Mitch McConnell, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Senator Pat Roberts, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Senator Richard Shelby, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Congressman Wally Herger, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Congressman Dan Burton, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Congressman Donald Manzullo, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Congressman John Mica, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.

Congressman Lamar Smith, Amicus, represented by Andrew W Lester, Lester Loving & Davies & Carrie L Vaughn, Lester Loving & Davies PC.


ORDER

JOE HEATON, District Judge.

The parties are in agreement that plaintiffs are entitled to judgment in their favor on their claims asserted under the Religious Freedom Restoration Act ("RFRA"), in light of the Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014).1 They disagree, however, as to the form that...

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