New York Continues to Force Nuns to Cover Surgical Abortions in Their Employee Health Insurance Plans-Now They Are Appealing to the Supreme Court

On Tuesday, a group of nuns joined other religious groups and appealed to the  U.S. Supreme Court to block New York State’s mandate that forces them to cover surgical abortions in their employee health insurance plans.

In Diocese of Albany v. Harris, a group of Anglican and Catholic nuns, Catholic dioceses, Christian churches, and faith-based social ministries sued New York after it mandated that they cover abortion in their employee health insurance plans in violation of their religious beliefs.

Although the lower courts initially ruled against them, in 2021, the Supreme Court justices reversed the lower court, telling them to reconsider their ruling in light of Fulton v. Philadelphia, which addressed similar free-exercise issues.

The state courts, however, again ruled against the religious organizations and left the mandate in place. 

The mandate initially left religious ministries alone but then changed the rules to protect “only ministries that serve people who share their faith.”

Eric Baxter, vice president and senior counsel at Becket, the nonprofit religious liberty law firm that is arguing on behalf of the nuns, said, “New York’s abortion mandate is so extreme that not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for an exemption.”

“The justices should exempt religious organizations once and for all so they can focus on caring for the most vulnerable.”

Daniel Blomberg from Becket, said, “In a country that has the First Amendment, that should not be the case.”

“And it shouldn’t be the case that an extraordinarily controversial requirement is not in any way limited by the Free Exercise clause of the First Amendment, and that is what we are asking the Supreme Court to resolve here.”

Noel J. Francisco, partner-in-charge of Jones Day’s Washington office, which is also arguing on behalf of the nuns added, “We are asking the court to protect religious freedom and make clear that the mandate cannot be applied to this  diverse group of religious organizations.”

From Becket Law:

In 2017, New York state mandated that employers cover abortions in their employee health insurance plans. Following the order, a diverse coalition of religious groups that includes contemplative goat-herding Anglican nuns asked the New York state courts to protect them from this regulation that would force them to violate their deepest religious convictions about the sanctity of life. But the New York state courts refused. After asking the U.S. Supreme Court to protect the churches and ministries, the Justices asked the state courts to reconsider in light of Becket’s other landmark victory in Fulton v. City of Philadelphia. The New York courts refused to follow the Supreme Court’s guidance and again upheld the abortion mandate. Represented by Becket and Jones Day, the religious groups are again asking the U.S. Supreme Court to step in and protect the right of their churches and ministries to teach and serve without being forced to fund abortions.

Religious groups from New York are back at the Supreme Court to ask the Justices to protect them against NY’s mandate forcing them to cover abortions for employees. @BECKETlaw and Jones Day filed a cert petition at #SCOTUS last night: https://t.co/r5qbkIRrF5 pic.twitter.com/zRw6caie3n

— LoriWindham (@LoriWindham1) September 18, 2024

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