New York drops effort to force religious groups to cover abortions

The state of New York has dropped a nearly decade-long effort to force religious groups to provide abortion coverage in their insurance policies.

Key Takeaways:

• The state of New York has given up on an attempt to force religious organizations to provide abortion coverage in their insurance programs.

• The case, Diocese of Albany v. Harris, began in 2017.

• Following a long legal saga, the Supreme Court ordered the state to reconsider its insurance mandate law in 2025. According to the Becket Fund, that action led the state to backtrack on its efforts.

The Backstory:

In 2017, the state of New York passed a law forcing even Catholic and other religious organizations to pay for abortions under their insurance policies. Though exemptions were granted for non-profit organizations operating with the primary purpose of "inculcation of religious values" and for those who employ and serve only people who share the same beliefs, many Catholic organizations did not qualify for that exemption because they serve all people, regardless of faith or beliefs.

After the law's passage, the Diocese of Albany sued, leading to the case Diocese of Albany v. Harris. In the years that followed, the case was back and forth between the courts; at one point in 2021, the Supreme Court of the United States ordered a New York court to reconsider its upholding of the law, only for the New York court to refuse.

As the case bounced between courts, the religious organizations at the center of the lawsuit came under fire from abortion enthusiasts like New York Governor Kathy Hochul, who called those who value the protection of the preborn “right-wing extremists.”

In June, the Supreme Court once again ordered the New York Court of Appeals to revisit its decision in upholding the law, after SCOTUS ruled in favor of Catholic Charities in Wisconsin in a similar ruling.

The Details:

On January 20, the Becket Fund, which was representing the plaintiffs, announced that the state of New York "gave up on trying to make nuns pay for abortions," bringing the years-long case to a close. As a result of the case's dismissal, the religious groups in question will not have to provide insurance coverage for abortion.

In a press release, Becket said it was the Supreme Court's ruling last year in favor of Catholic Charities that caused the state to settle the case. As the firm explained:

Last year, the Supreme Court ruled unanimously in Catholic Charities, which says that government cannot use schemes like New York’s to discriminate among religious people. It then directed the New York courts to reconsider the case again in light of that ruling. New York acknowledged that Catholic Charities undermined its position and agreed to bring this case to an end.  

“For nearly a decade, New York bureaucrats tried to strong-arm nuns into paying for abortions because they serve all those in need,” said Lori Windham, senior counsel at Becket. “At long last, the state has given up its disgraceful campaign. This victory confirms that the government cannot punish religious ministries for living out their faith by serving everyone.” 

The Bottom Line:

In her statement, Windham affirmed that the Supreme Court's ruling protects religious organizations from discrimination.

“The Supreme Court has made it abundantly clear that religious groups shouldn’t be bullied for staying true to their faith,” said Windham. “We are glad that New York finally agreed to settle this case and protect religious objectors from discrimination.”