// a href = ./ //

DENVER (AP) -- In the most prominent challenge of its kind, Hobby Lobby Stores Inc. is asking a federal appeals court Thursday for an exemption from part of the federal health care law that requires it to offer employees health coverage that includes access to the morning-after pill.

The Oklahoma City-based arts-and-crafts chain argues that businesses - not just the currently exempted religious groups - should be allowed to seek exception from that part of the health law if it violates their religious beliefs.

"They ought to be able - just like a church, just like a charity - to have the right to opt out of a provision that infringes on their religious beliefs," said Kyle Duncan, who will argue before the 10th Circuit Court of Appeals on behalf of the Green family, the founders of Hobby Lobby Stores Inc. and a sister company, Christian booksellers Mardel Inc.

The Greens contend that emergency contraception is tantamount to abortion because it can prevent a fertilized egg from implanting in the womb. They also object to providing coverage for certain kinds of intrauterine devices.

Lower courts have rejected Hobby Lobby's claim, saying that for-profit businesses aren't covered by an exemption added to the law for religious organizations. That exemption applies to churches themselves, but not to affiliated nonprofit corporations, like hospitals, that do not rely primarily on members of the faith as employees.

In a decision issued late last year, a federal judge concluded simply, "Hobby Lobby and Mardel are not religious organizations."

But U.S. District Judge Joe Heaton in Oklahoma City also wrote that "the court is not unsympathetic" to Hobby Lobby's dilemma and that the question of compelling employer health coverage for certain procedures "involves largely uncharted waters."

Other businesses in multiple states are challenging the contraception mandate, too. Hobby Lobby is the most prominent company making the claim, and it is the first to be heard by a federal appeals court. The U.S. Justice Department will argue for the government that the contraception mandate should stay.

The 10th Circuit opted to hear the case before all nine judges, not the typical three-judge panel, indicating the case's importance.

In December, the 10th Circuit denied Hobby Lobby's request for an injunction to prevent it being subject to fines while its argument was on appeal. The U.S. Supreme Court also denied an injunction, with Justice Sonia Sotomayor writing that it was not "indisputably clear" that Hobby Lobby needed immediate protection.

In response, the company restructured its health insurance, Duncan said. But Hobby Lobby, which is self-insured, will face fines by July 1 if it does not provide the coverage, he said.

Hobby Lobby calls itself a "biblically founded business" and is closed on Sundays. Founded in 1972, the company now operates more than 500 stores in 41 states and employs more than 13,000 full-time employees who are eligible for health insurance.

The Hobby Lobby case has attracted broad interest from health groups and religious groups. A panel including reproductive rights organizations and the American Public Health Association banded together last year to ask the court to reject Hobby Lobby's claim. The groups argued it would be dangerous precedent to allow for-profit private businesses to use religious beliefs to deny coverage.

In a brief to the court filed last year, the health groups argued that allowing businesses not to cover some contraceptives would be like allowing businesses to tell employees they can't use wages to buy morning-after pills or other products that offend the employer's religious belief.

"Of course, no one would argue that (Hobby Lobby owners) could seek, on religious grounds, to preclude their employees from spending their wages on contraception. This same rationale requires rejecting employers' demands to impose their religious views on employees through restrictions on the use of health insurance benefits," the health groups argued.

Susan Polan, associate executive director of the American Public Health Association, said the Hobby Lobby case is an important test of how far businesses can go in seeking to exempt coverage of health procedures they don't like.

"We're talking about women's access to reproductive health. That should be a decision between a patient and her health care provider, not a patient and her employer," Polan said this week.

--- Kristen Wyatt can be reached at HTTP://WWW.TWITTER.COM/APKRISTENWYATT

© 2013 THE ASSOCIATED PRESS. ALL RIGHTS RESERVED. THIS MATERIAL MAY NOT BE PUBLISHED, BROADCAST, REWRITTEN OR REDISTRIBUTED. Learn more about our PRIVACY POLICY and TERMS OF USE.

Golf's governing bodies approved a rule Tuesday that outlaws the putting stroke used by four of the last six major champions, a move opposed by two major golf organizations that contend long putters are not hurting the game.

The Royal & Ancient Golf Club and U.S. Golf Association said Rule 14-1b will take effect in 2016.

"We recognize this has been a divisive issue, but after thorough consideration, we remain convinced that this is the right decision for golf," R&A chief executive Peter Dawson said.

The new rule does not ban the long putters, only the way they commonly are used. Golfers no longer will be able to anchor the club against their bodies to create the effect of a hinge. Masters champion Adam Scott used a long putter he pressed against his chest. British Open champion Ernie Els and U.S. Open champion Webb Simpson used a belly putter, as did Keegan Bradley in the 2011 PGA Championship.

"We strongly believe that this rule is for the betterment of the game," USGA President Glen Nager said. "Rule 14-1b protects one of the important challenges in the game - the free swing of the entire club."

The announcement followed six months of contentious debate, and it might not be over.

The next step is for the PGA Tour to follow the new rule or decide to establish its own condition of competition that would allow players to anchor the long putters. PGA Tour Commissioner Tim Finchem said in February the USGA and R&A would be "making a mistake" to adopt the rule, though he also has stressed the importance of golf playing under one set of rules.

"I think it's really important that the PGA Tour - and all the professional tours - continue to follow one set of rules," USGA executive director Mike Davis said. "We have gotten very positive feedback from the tours around the world saying that they like one set of rules, they like the R&A and USGA governing those. So if there was some type of schism, we don't think that would be good for golf.

"And we are doing what we think is right for the long-term benefit of the game for all golfers, and we just can't write them for one group of elite players."

The tour said in a statement it would consult with its Player Advisory Council and policy board to determine "whether various provisions of Rule 14-1b will be implemented in our competitions, and if so, examine the process for implementation."

PGA of America President Ted Bishop, who had some of the sharpest comments over the last few months, also said his group would discuss the new rule - and confer with the PGA Tour - before deciding how to proceed.

"We are disappointed with this outcome," Bishop said. "As we have said publicly and repeatedly during the comment period, we do not believe 14-1b is in the best interest of recreational golfers and we are concerned about the negative impact it may have on both the enjoyment and growth of the game."

Some forms of anchoring have been around at least 40 years, and old photographs suggest it has been used even longer. It wasn't until after Bradley became the first major champion to use a belly putter that the USGA and R&A said it would take a new look at the putting style.

"It can never be too late to do the right thing," Nager said.

Those in favor of anchored putting argued that none of the top 20 players in the PGA Tour's most reliable putting statistic used a long putter, and if it was such an advantage, why wasn't everyone using it?

"Intentionally securing one end of the club against the body, and creating a point of physical attachment around which the club is swung, is a substantial departure from that traditional free swing," Nager said. "Anchoring creates potential advantages, such as making the stroke simpler and more repeatable, restricting the movement and rotation of the hands, arms and clubface, creating a fixed pivot point, and creating extra support and stability that may diminish the effects of nerves and pressure."

The governing bodies announced the proposed rule on Nov. 28, even though they had no data to show an advantage. What concerned them more was a spike in usage on the PGA Tour, more junior golfers using the long putters and comments from instructors that it was a better way to putt. There was concern the conventional putter would become obsolete over time.

The purpose of the new rule was simply to define what a putting stroke should be.

"The playing rules are not based on statistical studies," Nager said. "They are based on judgments that define the game and its intended challenge. One of those challenges is to control the entire club, and anchoring alters that challenge."

The topic was so sensitive that the USGA and R&A allowed for a 90-day comment period, an unprecedented move for the groups that set the rules of golf. The USGA said about 2,200 people offered feedback through its website, while the R&A said it had about 450 people from 17 countries go through its website.

Among those who spoke in favor of the ban were Tiger Woods, Brandt Snedeker and Steve Stricker.

"I've always felt that in golf you should have to swing the club, control your nerves and swing all 14 clubs, not just 13," Woods said Monday.

Tim Clark and Carl Pettersson have used the long putter as long as they have been on the PGA Tour. Scott switched to the broom-handle putter only in 2011, and he began contending in majors for the first time - tied for third in 2011 Masters, runner-up at the 2012 British Open, his first major victory in the Masters last month.

"It was inevitable that big tournaments would be won with this equipment because these are the best players in the world, and they practice thousands of hours," Scott said after winning the Masters. "They are going to get good with whatever they are using."

It was Clark's dignified speech to a players-only meeting - with Davis from the USGA in the room - that helped sway the tour's opinion to oppose the ban.

Davis and Dawson said their research indicated the opposition to the new rule was mainly in America. The European Tour and other tours around the world all backed the ban.

Players can still use the putter, but it would have to be held away from the body to allow free swing. Mark Newell, head of the USGA's rules committee, said the rule would be enforced like so many others in golf - players would have to call the penalty on themselves.

© 2013 THE ASSOCIATED PRESS. ALL RIGHTS RESERVED. THIS MATERIAL MAY NOT BE PUBLISHED, BROADCAST, REWRITTEN OR REDISTRIBUTED. Learn more about our PRIVACY POLICY and TERMS OF USE.

SAN DIEGO (AP) -- With the St. Louis Cardinals leading the San Diego Padres 2-1 in the sixth inning, manager Mike Matheny had seen enough of Shelby Miller.

The rookie right-hander had just walked his second batter of the inning, with two outs, on his 107th pitch. The Padres scored twice to take the lead, sticking Miller with the loss in a 4-2 defeat.

"He hit some real good spots," Matheny said. "But it was one of those games where they fouled off a lot of pitches to get his pitch count up. It was too high to really get himself out of trouble late in the game."

Jason Marquis combined with four relievers on a four-hitter to win his fifth straight start and Will Venable homered to lead the San Padres.

Marquis (6-2) has won five consecutive starts for the first time since 2007 with the Chicago Cubs. He allowed two runs, one earned, on three hits in six innings while striking out three and walking four.

Chris Denorfia went 3 for 3 with an RBI for the Padres, who have won three straight and five of seven. Huston Street pitched the ninth for his 11th save in 12 chances.

Venable homered into the Jack Daniel's Old No. 7 Deck atop the right-field fence leading off the seventh, his seventh. It came on the second pitch from Mitchell Boggs, who just returned from a demotion to Triple-A Memphis.

Miller (5-3) allowed three runs and five hits in 5 2-3 innings, struck out five and walked three.

"It was more just missing my spots and them not swinging," Miller said. "When you face a good-hitting offense, it's not going to be easy to throw it and have them swing at it every single time. It's something I have to realize just to get the ball around the zone."

The Padres scored two runs in the sixth on three walks, one hit and a hit batter.

After Miller was pulled, Denorfia greeted Fernando Salas with an RBI single. John Baker walked to load the bases and Salas hit pinch-hitter Jesus Guzman with a pitch to bring in another run.

"It seems like 20 pitches every single inning, every single outing, back-to-back starts," Miller said. "Throwing so many pitches in back-to-back games is not good. It accumulates with a little bit of everything. My curveball wasn't really good tonight. Neither was my changeup. My fastball wasn't really there. Multiple things were off."

Miller entered with a 1.40 ERA, tied with Clayton Kershaw of the Los Angeles Dodgers for the lowest in the majors. It went up to 1.74. Two starts earlier, Miller allowed a single to start the game and then retired the next 27 batters in a 3-0 home win against Colorado.

Miller's scoreless streak of 14 2-3 innings ended in the first when Everth Cabrera hit a leadoff single and scored on Chase Headley's one-out single.

The Cardinals tied it in the second when Headley, San Diego's Gold Glove third baseman, booted Miller's bases-loaded grounder for an error, allowing Yadier Molina to score. The Cardinals added a run in the third when Carlos Beltran hit a leadoff double, advanced on Matt Holliday's single and scored on Allen Craig's double-play grounder.

San Diego had a prime opportunity to score in its half when Cabrera hit a leadoff triple to right-center. But he was stranded when Miller struck out Will Venable and Headley before Carlos Quentin popped up.

NOTES: Cardinals 3B David Freese was a late scratch due to getting three stitches in the base of his right thumb after getting spiked by Milwaukee's Norichika Aoki while tagging him out during a rundown Sunday. Freese was replaced by Ty Wigginton, who grew up in suburban Chula Vista. ... Marquis has a 2.27 ERA during his five-game winning streak. ... The series continues Tuesday night when St. Louis RHP Adam Wainwright (5-3, 2.51 ERA) faces RHP Edinson Volquez (3-4, 5.55).

© 2013 THE ASSOCIATED PRESS. ALL RIGHTS RESERVED. THIS MATERIAL MAY NOT BE PUBLISHED, BROADCAST, REWRITTEN OR REDISTRIBUTED. Learn more about our PRIVACY POLICY and TERMS OF USE.