By: Stickland H.C.R. No. 32

HOUSE CONCURRENT RESOLUTION

WHEREAS, Under §1001(5) of The Patient Protection And Affordable Care Act, commonly referred to as "Obamacare," nongrandfathered group health plans must cover certain preventive health services including various preventive services for women as provided in guidelines issued by the Health Resources Services Administration (HRSA), a component of the Federal Department of Health and Human Services; and

WHEREAS, HRSA's guidelines for women's preventive services require businesses and organizations to cover "all Food and Drug Administration approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity as prescribed by a provider;" this standard requires coverage of "emergency contraceptives" such as the "morning after pill," also known as "Plan B" and the "week after pill" also known as "Ella," which many evangelical leaders consider abortion-inducing drugs; and

WHEREAS, Businesses which refuse to comply with the requirements imposed by the Federal Department of Health and Human Services through The Patient Protection And Affordable Care Act may be subject to tax penalties of $100 per employee per day; and

WHEREAS, No fewer than 110 plaintiffs including religious organizations, universities, and closely held private businesses have filed 43 independent cases against the Secretary of the Federal Department of Health and Human Services, Kathleen Sebelius, seeking injunctions against requirements of the act which the plaintiffs believe would violate their religious conscience, specifically their religiously-based opposition to abortion; and

WHEREAS, The Federal Department of Health and Human Services and the Barack Obama Administration have refused to provide an exemption for religiously-based businesses and organizations to the contraception provision requirements of The Patient Protection And Affordable Care Act; and

WHEREAS, The Barack Obama Administration threatens privately held businesses with crippling tax penalties if their owners refuse to violate their religious consciences by providing the offending contraception pills and procedures; and

WHEREAS, The largest privately held business to publicly state its unwillingness to abide by the requirements of The Patient Protection And Affordable Care Act as prescribed by the Federal Department of Health and Human Services is Hobby Lobby Stores Inc., a privately held retail chain with more than 500 arts and crafts stores in 41 states, including Texas; and

WHEREAS, The owners of Hobby Lobby state that "the foundation of [their] business has been, and will continue to be strong values, and honoring the Lord in a manner consistent with Biblical principles," and

WHEREAS, The owners of Hobby Lobby have described the Federal Department of Health and Human Services contraception mandate as a "poison pill" which they are willing to swallow, regardless of the financial consequences to their business, in order to avoid abandoning their religious faith and consciences; and

WHEREAS, With 13,000 employees, Hobby Lobby may soon be subjected to crippling tax penalties of up to 1.3 million dollars per day; and

WHEREAS, Religious freedom is a cornerstone of American liberty and is enshrined in the First Amendment in the Bill of Rights of the Constitution of the United States of America and is further protected under the Religious Freedom Restoration Act of 1993 which states that "government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability;" now, therefore be it

RESOLVED, That the 83rd Legislature of the State of Texas concludes that the contraception requirements imposed on closely-held religiously-based private businesses such as Hobby Lobby and other religiously-based businesses and organizations by the by the Federal Department of Health and Human Services through The Patient Protection And Affordable Care Act violate the Constitution of the United States of America and other federal laws; that this legislature concludes that the crippling tax penalties threatened by the Federal Department of Health and Human Services are unconscionable and contradictory to the basic principles of this nation's founding; and, be it further

RESOLVED, That the State of Texas refuses to assist the Federal Government in enforcing unconstitutional laws and regulations and this Legislature urges other states and other government officials to uphold their oaths to the Constitution and do the same; and, be it further

RESOLVED, That this Legislature calls on Congress and the Federal Department of Health and Human Services to cease imposing contraception mandates on private businesses and, barring that, provide an exemption to religiously-based businesses and organizations which hold a religious objection to providing contraceptive pills and procedures; and, be it further

RESOLVED, That until such time as the Federal Government ceases to impose contraception mandates or provides an exemption for religiously-based businesses, the State of Texas will do everything in its power to protect the religious liberties of Texas businesses and citizens; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, the secretary of the Federal Department of Health and Human Services, the president of the Senate and the speaker of the House of Representatives of the United States Congress and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.