New York religious groups appeal to SCOTUS over abortion coverage mandate

A coalition of religious organizations in New York has asked the Supreme Court of the United States (SCOTUS) to intervene once again in their fight against a state law that requires them to cover abortion procedures in their health insurance policies.

The request is the latest in a saga that began in 2017 when the state of New York mandated that religious organizations and other charitable organizations offer abortion coverage in their insurance plans. While some were granted religious exemptions, the state narrowed those exemptions to include only religious groups that primarily teach religion and organizations that primarily serve and hire those who share their faith. This narrow definition disqualified many religious communities that serve the poor and needy regardless of religious background.

Many of these religious organizations joined together and asked the New York state courts to overturn the law, but that request was refused. In 2021, the groups appealed to SCOTUS, which said that the state courts should reconsider in light of the Fulton v. Philadelphia case. However, New York State courts have ignored that SCOTUS order, prompting the religious groups to ask for SCOTUS’ intervention for a second time.

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New York Governor Kathy Hochul spoke out against the religious organizations in June after a lower court upheld the state’s law, calling those who value the protection of the preborn “right-wing extremists.”

“While right-wing extremists attempt to undermine our fundamental freedoms, New York will continue standing strong to protect women’s health care and safeguard abortion rights,” Hochul said at the time.

The groups are being represented by law firms Becket and Jones Day, and include “a group of Carmelite Sisters, the First Bible Baptist Church, the Sisterhood of St. Mary, an Anglican Episcopal monastic order of contemplative religious sisters, and Catholic Charities, which provide adoption and maternity services,” according to the National Catholic Register.

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“New York’s abortion mandate is so extreme that not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for an exemption,” said Eric Baxter, vice president and senior counsel at Becket. “The Justices should exempt religious organizations once and for all so they can focus on caring for the most vulnerable.”

“Religious groups in New York should not be required to provide insurance coverage that violates their deeply held religious beliefs,” said Noel J. Francisco, partner-in-charge of Jones Day’s Washington office. “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.”

Editor’s Note, 10/23/24: This post has been updated to specify which groups are being represented. We regret the omission.

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