The Media Equation: ‘South Park’ Creators Fortify Their Content Empire

When it comes to success stories in the entertainment world, it doesn’t get much better than the one about a pair of regular guys from Colorado, Matt Stone and Trey Parker, who took cutout paper dolls, animated them and triumphed on cable television, on the Web, at the multiplex and on Broadway.

Frederic J. Brown/Agence France-Presse — Getty Images

Matt Stone, left, and Trey Parker are forming a production company called Important Studios.

Last week, Mr. Stone arrived at a coffee shop in the Chelsea neighborhood of New York so bundled up that he resembled Kenny, who always shows up on “South Park” encased in a big orange parka. He was leaving the next day for London, where the fourth production of “The Book of Mormon” will soon begin a run.

Over the course of 16 seasons and 237 episodes, “South Park,” an assault on good taste built on the misadventures of four crudely animated and crudely spoken boys, has entered every pore of the culture. In the meantime, the two creators have helped put Comedy Central on the map, made four feature films, produced a sitcom and landed a Broadway hit with “Book of Mormon,” produced by Scott Rudin and Anne Garefino and created along with Robert Lopez.

Now Mr. Stone and Mr. Parker are about to finish a video game version of “South Park,” and they recently announced that they were forming a production company called Important Studios, valued at $300 million.

The success of “South Park” is a stark lesson in the fundamentals of entertainment: if you tell stories that people want to hear, the audience will find you.

This is true no matter how fundamentally the paradigms shift, or how many platforms evolve.

“We’ve been doing it long enough to figure out that content will ride on top of whatever wave comes along,” Mr. Stone said.

You might think that after all they’ve accomplished, they would be ready to step back a bit, and this is essentially true. Don’t worry, they aren’t going to actually kill Kenny, who for years was done away with in every episode. But “South Park,” which generally has been produced in two batches of seven episodes for a total of 14 every year, will be cut back to a single run of 10 episodes, beginning on Sept. 25.

“Why did we do seven and seven to begin with?” Mr. Stone said. “We just sort of made that up. And we are switching to 10 for the same reason. It just sounded like a good number, and we won’t break up the year so we can more easily do other stuff.”

The change sounds casually tossed off, but there is nothing unformed about the thinking that drives their choices.

“There is no appointment viewing anymore,” Mr. Stone said.

“In our first season, you had to show up on Wednesday nights at 10 p.m. on the comedy channel to catch the show. Now, I don’t even know where or how people watch our show. We sort of don’t really care about ratings. It’s more important to come up with work that will add to the library in a way that we’re proud of and will make people want to catch the show wherever they want to.”

That could happen on Netflix, on iTunes, on an ad-supported streaming format on Hulu, or hosted by the servers in the Los Angeles offices of Mr. Stone’s and Mr. Parker’s company.

The two men had the prescience to negotiate a 50-50 split on all digital revenue with Comedy Central, and part of the reason they remain so engaged is that they have real participation in the “South Park” enterprise.

“We have always owned our stuff or acted like we do,” Mr. Stone said as he worked his way through a late lunch. He pointed to Louis C. K., the comedian who took his last comedy special directly to fans on the Web, as an example of an artist moving to the sweet spot of the business that she or he creates.

“Owning your own stuff means that you control not only the content, but the life you are living while you are producing it,” he said.

“And then, if things go well, you can be part of the upside.”

Mr. Stone thinks it’s silly for creators to rely only on outside financing. Why drop years of sweat equity into creating something but not invest any cold hard cash?

“It took us four years to work out ‘Book of Mormon,’ and when you think of the opportunity cost of that — other projects that we walked by — it would be sort of silly not to put money in,” he said.

E-mail: carr@nytimes.com;

twitter.com/carr2n

This article has been revised to reflect the following correction:

Correction: January 28, 2013

An earlier version of this column misstated a plot point in “South Park.” While the character Kenny was once killed in every episode, that is no longer the case. The earlier version also misstated the circumstances of his repeated deaths. While he has met his fate in a variety of ways over the years, he was not routinely “ritually sacrificed.” 

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Deadly nightclub fire in Brazil may have been started by flare

A fire in a crowded nightclub in Brazil has killed over 200 people. Police and firefighters say at least 200 people were injured. (Jan. 27)

SAO PAULO, Brazil -- A fire at a nightclub in southern Brazil may have been caused by a flare lit on stage by a live band, according to witnesses to the blaze, which killed at least 231 people early Sunday.

[Updated: 10:55 a.m. PST, Jan. 27: Authorities now put the death toll at 232.]

The flare, which may have been part of an on-stage pyrotechnics display, caused the roof of the nightclub to catch fire, witnesses said. Most of the victims died from asphyxiation and smoke inhalation, police said.

Authorities in the southern city of Santa Maria spent the morning rescuing survivors and wading through the tragic aftermath of one of the most deadly fires in a decade. Earlier reports had placed the death toll higher. There were indications that it could still rise.

"There are so many bodies that we couldn't get all the way to the back of the nightclub," Lieutenant Moisés da Silva Fuchs told local media, referring to the now-destroyed Kiss club in Santa Maria, near the Uruguayan and Argentine borders.

The country awoke to troubling images of firefighters and civilians pulling people from the smoking building, and the news has shocked the country.

A tearful President Dilma Rousseff announced she had canceled plans to attend a summit in Chile and would be traveling instead to Santa Maria.

"I'd like to tell the population of our country, and of Santa Maria, that we are all together in this moment," Rousseff said.

Many of the victims were students at local universities, according to witnesses. Fire officials told the Globo television station that the main door was locked when the fire started, but that was denied by Lucas Cauduro Peranzoni, also known as DJ Bolinha, the resident DJ at the club.

"Everyone was pushing one another," Paranzoni said. "I breathed in some of that smoke and I felt woozy. I collapsed at the door and the security guards pulled me out."

At nightclubs in Brazil, it's common for patrons to accumulate a bar tab throughout the night, which they pay in order to be able to exit.

Several of the worst fires around the world in recent decades have been at nightclubs.

A welding accident reportedly set off a Dec. 25, 2000, fire at a club in Luoyang, China, killing 309.

At least 194 people died at an overcrowded working-class nightclub in Buenos Aires, Argentina, in 2004.

A blaze at the Lame Horse nightclub in Perm, Russia, broke out on Dec. 5, 2009, when an indoor fireworks display ignited a plastic ceiling decorated with branches, killing 152.

A nightclub fire in Rhode Island in 2003 killed 100 people after pyrotechnics used as a stage prop by the rock band Great White set ablaze cheap soundproofing foam on the walls and ceiling.

[For the Record, 10:55 a.m. PST, Jan. 27: A previous version of this post carried a Rio de Janeiro dateline. The post was filed from Sao Paulo.]

ALSO:

More deaths of Afghan police; toll rises to 21

Key city in Mali reportedly falls to French military

Prison riot continues in Venezuela with 55 reported dead

The Associated Press contributed to this report.

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Lace 'Em Up: 4 Running Shoes Reviewed

Hitting the streets to get fit by spring? We review four new specialty sneakers for runners.

Adidas' Adizero Feather 2.0 runners are so light (barely 7 ounces) and so responsive, running in them feels more like bouncing on fluffy clouds than pounding on pavement. OK, I'm exaggerating, but I was really blown away by the light weight when I took them out on long-distance runs. So effective was the feather-weight design on a 5-mile outing, I could actually notice the reduced effort in my legs.

The shoe is topped with a barely-there breathable mesh that runs from the toes all the way back to the heel. Ventilation is therefore excellent, with a constant flow of cool air delivered directly to your piggies. And, unlike most shoes that make use of fancy, lightweight materials, they're actually quite sturdy.

These sneaks are compatible with Adidas' miCoach data reporting system and its companion apps. So if you already have a miCoach Speed_Cell sensor, just lift up the shoe's insert and pop it in (You can also attach the sensor to your laces). The sensor can be synced with your iPhone to track your speed, acceleration, distance, and pace during runs.

The only problem is that the miCoach system needs some work, including the inconsistent syncing and the iPhone app's interface. If you're used to the Nike+ app, you'll be struggling to work your way through using Adidas' lesser creation. That said, it's an add-on to the shoe and not a primary feature, so miCoach's shortcomings don't detract from the sneaker's quality.

WIRED Obscenely light at only 7 ounces. Flexible mesh upper keeps your tootsies cool and dry. Durable, despite the lightweight design. miCoach-compatible for tracking your runs. Great styling. Affordable at $115. Men's and women's versions.

TIRED If you're not into light shoes, these aren't for you. The miCoach system needs a lot of work -- it's adequate, but could be so much better.

Photos by Ariel Zambelich/Wired

Rating: 8 out of 10

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Canada denies Randy Quaid’s request to stay

TORONTO (AP) — Canadian immigration officials have denied U.S. actor Randy Quaid‘s request for permanent resident status in Canada.

A Canadian government official confirmed late Saturday his request for permanent status has been denied. The official spoke on condition of anonymity because they were not authorized to speak publicly. Quaid can appeal the decision to the federal court.

U.S. officials last year refused to seek extradition of the actor and his wife from Canada to face felony vandalism charges in Santa Barbara, California, but authorities in the coastal town say they’ll still have the couple arrested if they return to the states. 

Quaid has sought to stay in Canada, claiming he was being hunted by “Hollywood star-whackers” who had killed his friends David Carradine and Heath Ledger. 

Quaid’s trouble began in 2010 when he and his wife were arrested for causing more than $ 5,000 damage at a hillside home they were renting. 

Randy Quaid is the older brother of actor Dennis Quaid and is best-known for his roles in films such as “National Lampoon’s Vacation” and “Independence Day.” He won a Golden Globe award for his depiction of President Lyndon Johnson in a TV movie in the late 1980s.

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Brain Aging Linked to Sleep-Related Memory Decline

For decades scientists have known that the ability to remember newly learned information declines with age, but it was not clear why. A new study may provide part of the answer.

The report, posted online on Sunday by the journal Nature Neuroscience, suggests that structural brain changes occurring naturally over time interfere with sleep quality, which in turn blunts the ability to store memories for the long term.

Previous research had found that the prefrontal cortex, the brain region behind the forehead, tends to lose volume with age, and that part of this region helps sustain quality sleep, which is critical to consolidating new memories. But the new experiment, led by scientists at the University of California, Berkeley, is the first to link structural changes directly with sleep-related memory problems.

The findings suggest that one way to slow memory decline in aging adults is to improve sleep, specifically the so-called slow-wave phase, which constitutes about a quarter of a normal night’s slumber.

Doctors cannot reverse structural changes that occur with age any more than they can turn back time. But at least two groups are experimenting with electrical stimulation as a way to improve deep sleep in older people. By placing electrodes on the scalp, scientists can run a low current across the prefrontal area, essentially mimicking the shape of clean, high-quality slow waves.

The result: improved memory, at least in some studies. “There are also a number of other ways you can improve sleep, including exercise,” said Ken Paller, a professor of psychology and director of the cognitive neuroscience program at Northwestern, who was not involved in the research.

Dr. Paller said that a whole array of changes occurred across the brain during aging and that sleep was only one factor affecting memory function.

But Dr. Paller said that the study told “a convincing story, I think: that atrophy is related to slow-wave sleep, which we know is related to memory performance. So it’s a contributing factor.”

In the study, a research team in California took brain images from 19 people of retirement age and 18 in their early 20s. It found that a brain area called the medial prefrontal cortex, roughly behind the middle of the forehead, was about a third smaller on average in the older group than in the younger one — a difference due to natural atrophy over time, previous research suggests.

Before bedtime, the team had the two groups study a long list of words paired with nonsense syllables, like “action-siblis” and “arm-reconver.” The team used such nonwords because one type of memory that declines with age is for new, previously unseen information.

After training on the pairs for half an hour or so, the participants took a test on some of them. The young group outscored the older group by about 25 percent.

Then everyone went to bed — and bigger differences emerged. For one, the older group got only about a quarter of the amount of high-quality slow-wave sleep that the younger group did, as measured by the shape and consistency of electrical waves on an electroencephalogram machine, or EEG. It is thought that the brain moves memories from temporary to longer-term storage during this deep sleep.

On a second test, given in the morning, the younger group outscored the older group by about 55 percent. The estimated amount of atrophy in each person roughly predicted the difference between his or her morning and evening scores, the study found. Even seniors who were very sharp at night showed declines after sleeping.

“The analysis showed that the differences were due not to changes in capacity for memories, but to differences in sleep quality,” said Bryce A. Mander, a postdoctoral fellow at Berkeley, and the lead author of the study. His co-authors included researchers from the California Pacific Medical Center in San Francisco; the University of California, San Diego; and the Lawrence Berkeley National Laboratory.

The findings do not imply that medial prefrontal atrophy is the only age-related change causing memory problems, said Matthew P. Walker, a professor of psychology and neuroscience at Berkeley, and a co-author of the study.

“But these things are interrelated,” Dr. Walker said. “Essentially, with time, the less and less tissue you have in this prefrontal area, the less and less quality deep wave sleep you get, the less and less you remember of content that you just learned.”

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Unboxed: Literary History, Seen Through Big Data’s Lens

ANY list of the leading novelists of the 19th century, writing in English, would almost surely include Charles Dickens, Thomas Hardy, Herman Melville, Nathaniel Hawthorne and Mark Twain.

But they do not appear at the top of a list of the most influential writers of their time. Instead, a recent study has found, Jane Austen, author of “Pride and Prejudice, “ and Sir Walter Scott, the creator of “Ivanhoe,” had the greatest effect on other authors, in terms of writing style and themes.

These two were “the literary equivalent of Homo erectus, or, if you prefer, Adam and Eve,” Matthew L. Jockers wrote in research published last year. He based his conclusion on an analysis of 3,592 works published from 1780 to 1900. It was a lot of digging, and a computer did it.

The study, which involved statistical parsing and aggregation of thousands of novels, made other striking observations. For example, Austen’s works cluster tightly together in style and theme, while those of George Eliot (a k a Mary Ann Evans) range more broadly, and more closely resemble the patterns of male writers. Using similar criteria, Harriet Beecher Stowe was 20 years ahead of her time, said Mr. Jockers, whose research will soon be published in a book, “Macroanalysis: Digital Methods and Literary History” (University of Illinois Press).

These findings are hardly the last word. At this stage, this kind of digital analysis is mostly an intriguing sign that Big Data technology is steadily pushing beyond the Internet industry and scientific research into seemingly foreign fields like the social sciences and the humanities. The new tools of discovery provide a fresh look at culture, much as the microscope gave us a closer look at the subtleties of life and the telescope opened the way to faraway galaxies.

“Traditionally, literary history was done by studying a relative handful of texts,” says Mr. Jockers, an assistant professor of English and a researcher at the Center for Digital Research in the Humanities at the University of Nebraska. “What this technology does is let you see the big picture — the context in which a writer worked — on a scale we’ve never seen before.”

Mr. Jockers, 46, personifies the digital advance in the humanities. He received a Ph.D. in English literature from Southern Illinois University, but was also fascinated by computing and became a self-taught programmer. Before he moved to the University of Nebraska last year, he spent more than a decade at Stanford, where he was a founder of the Stanford Literary Lab, which is dedicated to the digital exploration of books.

Today, Mr. Jockers describes the tools of his trade in terms familiar to an Internet software engineer — algorithms that use machine learning and network analysis techniques. His mathematical models are tailored to identify word patterns and thematic elements in written text. The number and strength of links among novels determine influence, much the way Google ranks Web sites.

It is this ability to collect, measure and analyze data for meaningful insights that is the promise of Big Data technology. In the humanities and social sciences, the flood of new data comes from many sources including books scanned into digital form, Web sites, blog posts and social network communications.

Data-centric specialties are growing fast, giving rise to a new vocabulary. In political science, this quantitative analysis is called political methodology. In history, there is cliometrics, which applies econometrics to history. In literature, stylometry is the study of an author’s writing style, and these days it leans heavily on computing and statistical analysis. Culturomics is the umbrella term used to describe rigorous quantitative inquiries in the social sciences and humanities.

“Some call it computer science and some call it statistics, but the essence is that these algorithmic methods are increasingly part of every discipline now,” says Gary King, director of the Institute for Quantitative Social Science at Harvard.

Cultural data analysts often adapt biological analogies to describe their work. Mr. Jockers, for example, called his research presentation “Computing and Visualizing the 19th-Century Literary Genome.”

Such biological metaphors seem apt, because much of the research is a quantitative examination of words. Just as genes are the fundamental building blocks of biology, words are the raw material of ideas.

“What is critical and distinctive to human evolution is ideas, and how they evolve,” says Jean-Baptiste Michel, a postdoctoral fellow at Harvard.

Mr. Michel and another researcher, Erez Lieberman Aiden, led a project to mine the virtual book depository known as Google Books and to track the use of words over time, compare related words and even graph them.

Google cooperated and built the software for making graphs open to the public. The initial version of Google’s cultural exploration site began at the end of 2010, based on more than five million books, dating from 1500. By now, Google has scanned 20 million books, and the site is used 50 times a minute. For example, type in “women” in comparison to “men,” and you see that for centuries the number of references to men dwarfed those for women. The crossover came in 1985, with women ahead ever since.

In work published in Science magazine in 2011, Mr. Michel and the research team tapped the Google Books data to find how quickly the past fades from books. For instance, references to “1880,” which peaked in that year, fell to half by 1912, a lag of 32 years. By contrast, “1973” declined to half its peak by 1983, only 10 years later. “We are forgetting our past faster with each passing year,” the authors wrote.

JON KLEINBERG, a computer scientist at Cornell, and a group of researchers approached collective memory from a very different perspective.

This article has been revised to reflect the following correction:

Correction: January 27, 2013

An earlier version of this article misstated Matthew L. Jockers’s age. He is 46, not 48. 

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China's smog taints economy, health

BEIJING — When a thick quilt of smog enveloped swaths of China earlier this month, it set in motion a costly chain reaction for the world's No. 2 economy.

Authorities canceled flights across northern China and ordered some factories shut. Hospitals were flooded with hacking patients.

A fire in an empty furniture factory in eastern Zhejiang province went undetected for hours because the smoke was indistinguishable from the haze. In coastal Shandong province, most highways were closed for fear that low visibility would cause motorists to crash. And in Beijing, the local government urged residents to remain indoors and told construction sites to scale back activity.

Photos: Smog in China

"These are emergency measures that have the same economic impact as a strike or severe weather," said Louis Kuijs, a Hong Kong-based economist with the Royal Bank of Scotland and formerly of the World Bank. "They're very painful."

Residents in the capital have taken to mocking their famously filthy air and its attendant health hazards with the expression "Beijing cough." Meanwhile, Shanghai's Environmental Protection Bureau has introduced a cartoon mascot to communicate daily air quality on its website: a pig-tailed girl who bursts into tears when smog reaches hazardous levels.

But economists say China's smog is no joke. As air pollution continues to obscure China's cities, the cost to the nation in lost productivity and health problems is soaring. The World Bank estimates sickness and early death sapped China of $100 billion in 2009, or just under 3% of gross domestic product. China is now home to seven of the 10 most-polluted cities in the world, according to a report by the Asian Development Bank and Beijing's Tsinghua University.

A study by Greenpeace and Peking University's School of Public Health put the cost of healthcare to treat pollution-related ailments in Beijing, Shanghai, Guangzhou and Xian at more than $1 billion last year.

Beijing resident Zhang Jian takes his 2-year-old son to a doctor regularly to treat the toddler's chronic sinus infection.

"It's definitely related to the pollution," said Zhang, 35, who wore a disposable mask at an overcrowded children's hospital recently. "My son snores and his nose is blocked constantly. It's a problem because he's too young to clear his nose like adults."

The doctor's visit and treatment cost Zhang about $320 — nearly a week's pay for the IT professional.

The Beijing government says it's considering a host of emergency measures to clear the air. Among them: limiting vehicle usage, spraying building sites to reduce dust and restricting outdoor barbecue grills.

Even China's next premier, Li Keqiang, weighed in recently on the issue. "This is a problem accumulated over a long period of time, and solving the problem will also require a long time. But we need to take action."

China's smog crisis is not unlike those experienced in London and Los Angeles in the 1950s. Public outcry ultimately led to cleaner air and tougher environmental regulations.

Environmental activists hope the same happens in China. The official response in recent weeks has raised optimism that authorities will begin addressing pollution more openly.

Until recently, state media was loathe to use the word "pollution," opting instead for the euphemism "fog."

But popular pressure is building, making it harder for policymakers to ignore the foul air in many of China's largest cities.

After the staggeringly bad bout of air pollution in the middle of this month, micro-bloggers took to posting pictures of themselves online wearing masks.

Some held handwritten signs that read, "I don't want to be a human vacuum cleaner."

The phrase became the top-trending topic on the Twitter-like Sina Weibo, attracting several million hits.

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Crazy Alien Weather: Lightning-Filled Rocket Dust Storms of Mars

Scientists have modeled the internal workings of lightning-filled “rocket dust storms” on Mars that rise at speeds 100 times faster than ordinary storms and inject dust high into the Martian atmosphere.

The Red Planet is a very dry and dusty place, with global storms that sometimes obscure the entire surface. Satellites orbiting Mars have seen persistent dust layers reaching very high altitudes, as much as 30 to 50 km above the ground, though scientists are at a loss to explain exactly how the dust got there.

Using a high-resolution model, researchers have shown that a thick blob-like dust pocket inside a storm may become heated by the sun, causing the surrounding atmosphere to warm quickly. Because hot air rises, these areas will shoot skyward super fast, much like a rocket launching into space, hence “rocket dust storms.”

“The vertical transport was so strong we want to come up with a kind of spectacular name, to give an idea of the very powerful rise,” said planetary scientist Aymeric Spiga from the Institut Pierre Simon Laplace in Paris, France, who is lead author on a paper describing the phenomena in the Journal of Geophysical Research: Planets on Jan. 14.

These speedily rising dust blobs can soar from near the surface to 30 or 40 km into the atmosphere in a matter of hours at speeds in excess of 10 meters per second (22 mph). This is far faster than the typical convection speeds in a dust storm of 0.1 meters per second (0.2 mph). Since the dust particles rub up against one another and create friction, the rocket dust storms may become charged with electrostatic forces, which could which could trigger fantastic lightning bolts.

Spiga and his team used detailed models of winds and dust on Mars to determine exactly how these rocket dust storms behave. Most previous models of Mars’ climate simulate large-scale global dust storms with fairly coarse resolution and so have not noticed the rocket storms. The team seeded their model with data from a dust storm observed by the OMEGA instrument aboard ESA’s Mars Express orbiting satellite and watched the rise of rocket storms.

Similar dust storms can’t happen on Earth. This is mainly because Mars’ atmosphere is about 100 times thinner than our own, meaning that it gets quickly and efficiently heated when dust particles absorb sunlight and then emit thermal radiation.

But a comparable phenomenon occurs in grey cumulonimbus thunderstorm clouds on Earth. The large accumulations of water particles in such clouds release latent heat, causing strong vertical motions and an extensive tall structure. Spiga’s team has used this Earthly analogy in the rocket dust storm’s more technical name, conio-cumulonimbus, from the Greek conious, which means dust.

“But I prefer to call them rocket dust storms,” Spiga said. “Then everyone knows what I’m talking about.”

Other researchers are impressed with the physical modeling done in the work. “I was a little surprised that such a small dust disturbance could remain intact over such long distances,” said planetary atmospheres scientist Scot Rafkin from the Southwest Research Institute in Boulder, Colorado. The mechanism could help explain how long-lasting layers of dust climb so high in the Martian atmosphere, he says. 

Because they appear to be relatively rare, it may take a while to track down more rocket dust storms. But Spiga is hopeful they will be found by orbiting satellites, which may even image the lightning flashes inside them.

Video: Spiga, Aymeric, et al. “Rocket dust storms and detached dust layers in the Martian atmosphere,” JGR:Planets, DOI: 10.1002/jgre.20046

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Singer Barry Manilow ill, Broadway comeback delayed

(Reuters) – Singer Barry Manilow on Thursday canceled the opening night and three other performances of his Broadway comeback run after coming down with bronchitis, according to Manilow‘s website.

The cancellations threaten to upend the “Could It Be Magic” singer’s return to Broadway following a more than two-decade absence.

The concerts, which had been slated for Thursday through Sunday, will be made up in February and March, his website said. Manilow, 69, will try to perform on Tuesday, the next scheduled show.

Manilow canceled two preview shows earlier in the week because of the illness, after which his website promised the singer would be ready for opening night “come hell or high water.”

“It turns out the only thing worse than hell and high water is bronchitis,” Manilow‘s website said of the cancellations. “Barry is deeply sorry to disappoint his fans and is doing everything he can to ensure a speedy recovery.”

Manilow has signed on for a 25-show run at the St. James Theatre in New York. The native New Yorker typically performs long-running shows at Las Vegas hotels.

(Reporting by Eric Kelsey; Editing by Jill Serjeant and Xavier Briand)

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Religious Groups and Employers Battle Contraception Mandate

Shawn Thew/European Pressphoto Agency

President Obama, with his health secretary, Kathleen Sebelius, offering a compromise on the contraception mandate last year.

In a flood of lawsuits, Roman Catholics, evangelicals and Mennonites are challenging a provision in the new health care law that requires employers to cover birth control in employee health plans — a high-stakes clash between religious freedom and health care access that appears headed to the Supreme Court.

In recent months, federal courts have seen dozens of lawsuits brought not only by religious institutions like Catholic dioceses but also by private employers ranging from a pizza mogul to produce transporters who say the government is forcing them to violate core tenets of their faith. Some have been turned away by judges convinced that access to contraception is a vital health need and a compelling state interest. Others have been told that their beliefs appear to outweigh any state interest and that they may hold off complying with the law until their cases have been judged. New suits are filed nearly weekly.

“This is highly likely to end up at the Supreme Court,” said Douglas Laycock, a law professor at the University of Virginia and one of the country’s top scholars on church-state conflicts. “There are so many cases, and we are already getting strong disagreements among the circuit courts.”

President Obama’s health care law, known as the Affordable Care Act, was the most fought-over piece of legislation in his first term and was the focus of a highly contentious Supreme Court decision last year that found it to be constitutional.

But a provision requiring the full coverage of contraception remains a matter of fierce controversy. The law says that companies must fully cover all “contraceptive methods and sterilization procedures” approved by the Food and Drug Administration, including “morning-after pills” and intrauterine devices whose effects some contend are akin to abortion.

As applied by the Health and Human Services Department, the law offers an exemption for “religious employers,” meaning those who meet a four-part test: that their purpose is to inculcate religious values, that they primarily employ and serve people who share their religious tenets, and that they are nonprofit groups under federal tax law.

But many institutions, including religious schools and colleges, do not meet those criteria because they employ and teach members of other religions and have a broader purpose than inculcating religious values.

“We represent a Catholic college founded by Benedictine monks,” said Kyle Duncan, general counsel of the Becket Fund for Religious Liberty, which has brought a number of the cases to court. “They don’t qualify as a house of worship and don’t turn away people in hiring or as students because they are not Catholic.”

In that case, involving Belmont Abbey College in North Carolina, a federal appeals court panel in Washington told the college last month that it could hold off on complying with the law while the federal government works on a promised exemption for religiously-affiliated institutions. The court told the government that it wanted an update by mid-February.

Defenders of the provision say employers may not be permitted to impose their views on employees, especially when something so central as health care is concerned.

“Ninety-nine percent of women use contraceptives at some time in their lives,” said Judy Waxman, a vice president of the National Women’s Law Center, which filed a brief supporting the government in one of the cases. “There is a strong and legitimate government interest because it affects the health of women and babies.”

She added, referring to the Centers for Disease Control and Prevention, “Contraception was declared by the C.D.C. to be one of the 10 greatest public health achievements of the 20th century.”

Officials at the Justice Department and the Health and Human Services Department declined to comment, saying the cases were pending.

A compromise for religious institutions may be worked out. The government hopes that by placing the burden on insurance companies rather than on the organizations, the objections will be overcome. Even more challenging cases involve private companies run by people who reject all or many forms of contraception.

The Alliance Defending Freedom — like Becket, a conservative group — has brought a case on behalf of Hercules Industries, a company in Denver that makes sheet metal products. It was granted an injunction by a judge in Colorado who said the religious values of the family owners were infringed by the law.

“Two-thirds of the cases have had injunctions against Obamacare, and most are headed to courts of appeals,” said Matt Bowman, senior legal counsel for the alliance. “It is clear that a substantial number of these cases will vindicate religious freedom over Obamacare. But it seems likely that the Supreme Court will ultimately resolve the dispute.”

The timing of these cases remains in flux. Half a dozen will probably be argued by this summer, perhaps in time for inclusion on the Supreme Court’s docket next term. So far, two- and three-judge panels on four federal appeals courts have weighed in, granting some injunctions while denying others.

One of the biggest cases involves Hobby Lobby, which started as a picture framing shop in an Oklahoma City garage with $600 and is now one of the country’s largest arts and crafts retailers, with more than 500 stores in 41 states.

David Green, the company’s founder, is an evangelical Christian who says he runs his company on biblical principles, including closing on Sunday so employees can be with their families, paying nearly double the minimum wage and providing employees with comprehensive health insurance.

Mr. Green does not object to covering contraception but considers morning-after pills to be abortion-inducing and therefore wrong.

“Our family is now being forced to choose between following the laws of the land that we love or maintaining the religious beliefs that have made our business successful and have supported our family and thousands of our employees and their families,” Mr. Green said in a statement. “We simply cannot abandon our religious beliefs to comply with this mandate.”

The United States Court of Appeals for the 10th Circuit last month turned down his family’s request for a preliminary injunction, but the company has found a legal way to delay compliance for some months.

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