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For the second time, the US Supreme Court has been asked to block a New York abortion mandate that forces religious groups to cover abortions in employee healthcare plans. The petition was filed by The Becket Fund for Religious Liberty and Jones Day, which will represent a diverse coalition of religious groups including Anglican and Catholic nuns, Catholic dioceses, Christian churches, and faith-based social ministries.
According to a press release from Becket, when the abortion mandate was proposed, it was promised that it would include exemptions for employers with religious objections. Pressure from abortion activists, however, led the state to narrow the offered exemptions, allowing them for religious groups that hire and serve only those of their own faith.
In 2021, Becket won a landmark case at the Supreme Court with a case that focused on a similar predicament, Fulton v. City of Philadelphia. In this ruling the Court also overturned the rulings from NY lower courts, instructing them to reconsider the exemption requirements of the abortion mandate. In the years since, however, these instructions have gone ignored by NY state judges, leaving Becket little choice but to take the case back to the Supreme Court.
Becket intends to argue that the requirement to serve and hire only those of the faith would exclude the majority of religious ministries, especially those of Christian origin, which serve all who come to them regardless of their religious affiliation. Eric Baxter, vice president and senior counsel at Becket, commented that the exemptions would not even apply to some of the best known religious figures in history:
“New York’s abortion mandate is so extreme that not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for an exemption,” Baxter said. “The Justices should exempt religious organizations once and for all so they can focus on caring for the most vulnerable.”
The Supreme Court will decide whether it will hear the case in the Fall session. Learn more about the initial case of the Diocese of Albany v. Harris, at Becket Law.
