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Ninth Circuit snubs church seeking to opt out of abortion insurance coverage case
The Ninth Circuit Court has denied the request of a Washington church seeking an exemption from a state mandate requiring companies to offer abortion coverage in insurance plans.
An appeals court ruled Monday that the Cedar Park Assembly of God is not exempt from a state mandate requiring companies to include abortion in their insurance policies, if those policies also provide maternity coverage.
The church had argued that the mandate violates the First Amendment freedom of religion.
The ruling is the latest in a lawsuit that has bounced back and forth among the courts for years.
In 2019, The Cedar Park Assembly of God of Kirkland sued the state of Washington, arguing that the state's Reproductive Parity Act violated the church's First Amendment right to the freedom of religion.
The Reproductive Parity Act mandates that all employers, including religious entities, offer health insurance which covers abortion and contraceptives if it also offers maternity coverage. If abortion coverage is not included, the state law requires that employees be told how to access it.
The church, which is pro-life and employs about 140 people, sued the state.
The lawsuit bounced back and forth between courts for a number of years before a three-judge appeals court ruled last year that the church lacked standing to sue. However, the panel withdrew its opinion four months later and scheduled a rehearing.
The Ninth Circuit Court of Appeals ruled Monday as a result of that rehearing, coming to the same decision it had previously. In its 2-1 decision, the court said the church failed to prove that the Reproductive Parity Act was "hostile" toward religion.
The court noted that the church had the opportunity to purchase insurance coverage excluding abortion coverage from secular carriers, but had opted not to do so.
“We conclude that plaintiff has not shown that the challenged laws pressure it to provide insurance coverage for, or to pay for, abortion,” wrote U.S. Circuit Judge Susan P. Graber, joined in the majority opinion by Judge Lucy Koh.
Rory Gray, senior counsel at Alliance Defending Freedom, which represented Cedar Park, expressed disappointment at the ruling, writing:
We are disappointed in the ruling today. While agreeing that Cedar Park has standing to sue, the court got it wrong by allowing the state of Washington to force Cedar Park to violate its faith by providing abortion coverage to its staff.
Our client believes and teaches that every human life begins at conception and actively supports and promotes pro-life efforts in its community. No church should be forced to be complicit in abortion, but the state has gone out of its way to force churches to cover and pay for abortions through their employee insurance plans.
The Assemblies of God denomination holds a pro-life position on abortion.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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·Ninth Circuit snubs church seeking to opt out of abortion insurance coverage case
The Ninth Circuit Court has denied the request of a Washington church seeking an exemption from a state mandate requiring companies to offer abortion coverage in insurance plans.
An appeals court ruled Monday that the Cedar Park Assembly of God is not exempt from a state mandate requiring companies to include abortion in their insurance policies, if those policies also provide maternity coverage.
The church had argued that the mandate violates the First Amendment freedom of religion.
The ruling is the latest in a lawsuit that has bounced back and forth among the courts for years.
In 2019, The Cedar Park Assembly of God of Kirkland sued the state of Washington, arguing that the state's Reproductive Parity Act violated the church's First Amendment right to the freedom of religion.
The Reproductive Parity Act mandates that all employers, including religious entities, offer health insurance which covers abortion and contraceptives if it also offers maternity coverage. If abortion coverage is not included, the state law requires that employees be told how to access it.
The church, which is pro-life and employs about 140 people, sued the state.
The lawsuit bounced back and forth between courts for a number of years before a three-judge appeals court ruled last year that the church lacked standing to sue. However, the panel withdrew its opinion four months later and scheduled a rehearing.
The Ninth Circuit Court of Appeals ruled Monday as a result of that rehearing, coming to the same decision it had previously. In its 2-1 decision, the court said the church failed to prove that the Reproductive Parity Act was "hostile" toward religion.
The court noted that the church had the opportunity to purchase insurance coverage excluding abortion coverage from secular carriers, but had opted not to do so.
“We conclude that plaintiff has not shown that the challenged laws pressure it to provide insurance coverage for, or to pay for, abortion,” wrote U.S. Circuit Judge Susan P. Graber, joined in the majority opinion by Judge Lucy Koh.
Rory Gray, senior counsel at Alliance Defending Freedom, which represented Cedar Park, expressed disappointment at the ruling, writing:
We are disappointed in the ruling today. While agreeing that Cedar Park has standing to sue, the court got it wrong by allowing the state of Washington to force Cedar Park to violate its faith by providing abortion coverage to its staff.
Our client believes and teaches that every human life begins at conception and actively supports and promotes pro-life efforts in its community. No church should be forced to be complicit in abortion, but the state has gone out of its way to force churches to cover and pay for abortions through their employee insurance plans.
The Assemblies of God denomination holds a pro-life position on abortion.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
Sheena Rodriguez
·Abortion Pill
Bridget Sielicki
·Guest Column
Liberty Counsel
·Politics
Bridget Sielicki
·Politics
Nancy Flanders
·Newsbreak
Melissa Manion
·Abortion Pill
Bridget Sielicki
·Abortion Pill
Bridget Sielicki
·Abortion Pill
Bridget Sielicki
·Pop Culture
Bridget Sielicki
·Politics
Bridget Sielicki
·