‘Health Care Sharing Ministries have been faithfully serving religious Coloradans for generations. The newfound hostility of state officials is impermissible under the First Amendment’
WASHINGTON — On Thursday, May 16, Alliance of Health Care Sharing Ministries recently brought suit against the state of Colorado to defend the rights of its member ministries and their members to exercise their religious liberty in the health care system.
Colorado recently enacted a new statutory and regulatory regime that imposes severe burdens on health care sharing ministries and makes the state a national outlier in its approach to these ministries. The new regime requires health care sharing ministries to report those with whom they affiliate and associate, their communications to current and prospective members, and their operating, statistical, and financial information. These requirements are akin to subjecting a church to inquiry as to how it distributes from its collection basket for religious programs for its adherents.
“No religious charity should have to choose between serving the state or serving the Kingdom of God,” says Katy Talento, executive director of the Alliance of Health Care Sharing Ministries. “Our constitutional framework was set up to prevent this impossible position for religious Americans and their organizations.”
The complaint marshals significant evidence that Colorado is selectively targeting Health Care Sharing Ministries because of their religious beliefs while leaving similar secular activities untouched. The complaint also marshals significant evidence that the Colorado regime will harm Health Care Sharing Ministries and their members, without sufficient justification. No other state has the same regime as Colorado.
Consequently, the complaint alleges that Colorado is violating the First Amendment in five different ways:
First, it violates the Free Exercise rights of ministries to be free from laws that allow state officials to exempt their favored organizations. Second, it violates the Free Exercise rights of ministries to be free from laws that target religious exercise and that do not treat comparable secular activities similarly to religious activities. Third, it violates the Establishment Clause rights of ministries to be free from excessive entanglement and continuous monitoring by the government. Fourth, it violates the Freedom of Association rights of ministries not to disclose with whom they affiliate and associate. Finally, it violates the Free Speech rights of ministries with respect to their religious speech to their members and prospective members.
“Health Care Sharing Ministries have been faithfully serving religious Coloradans for generations. The newfound hostility of state officials is impermissible under the First Amendment,” says Talento.
The complaint seeks declaratory and equitable relief that would prevent Colorado from implementing its new regulatory regime. This is not the first time in recent memory that Colorado has infringed the First Amendment rights involving religious liberty. The Alliance is working tirelessly to prevent such infringements on the rights of the ministries.
“For years, the Alliance has tried to work in good faith, with the legislature and then with the Division of Insurance during the regulatory process, to advocate for the rights of Health Care Sharing Ministries and their members,” says Talento. “With the finalization of the regulation implementing this misguided law, it has become undeniably clear that the state is permanently committed to ignoring the constitutional flaws in the data collection regime.”
Founded in 2007 and headquartered in Washington, D.C., the Alliance of Health Care Sharing Ministries is a 501(c)(6) trade organization representing the common interests of Health Care Sharing Ministry organizations which are facilitating the sharing of health care needs (financial, emotional, and spiritual) by individuals and families, and their participants. The Alliance engages with federal and state regulators, members of the media, and the Christian community to provide accurate and timely information on health care sharing.
To learn more about the Alliance of Health Care Sharing Ministries, visit www.ahcsm.org or follow the ministry on Facebook or Twitter.
To interview a representative from The Alliance of Health Care Sharing Ministries, contact Media@HamiltonStrategies.com, Beth Bogucki, 610.584.1096, ext. 105.