Supreme Court tells NY court to revisit decision forcing religious employers to cover abortion

Based on that ruling, the Supreme Court ordered the New York Court of Appeals to reconsider its decision in Diocese of Albany v. Harris.

“New York wants to browbeat nuns into paying for abortions for serving all in need,” said Eric Baxter, vice president of the Becket Fund. “For the second time in four years, the Supreme Court has made clear that bully tactics like these have no place in our nation or our law. We are confident that these religious groups will finally be able to care for the most vulnerable consistent with their beliefs.”

Jones Day, another law firm representing the coalition (the Catholic diocese, Lutheran and Baptist churches, and Anglican nuns) opposing the abortion mandate, also issued a statement. “Religious groups in the Empire State should not be forced to provide insurance coverage that violates their deeply held religious beliefs,” said Noel J. Francisco, the Partner-in-Charge Washington for Jones Day.

THE BACKSTORY:

The New York State Department of Financial Services required employer health plans to cover “medically necessary” abortions in 2017, initially with religious exemptions included. But under pressure from abortion activists, those exemptions were narrowed enough to be practically non-existent.

The only organizations granted exemptions were non-profit organizations with the primary purpose of “inculcation of religious values,” and those employing and serving only people who share the same beliefs.

As the Catholic Church both serves and employs people of diverse religious beliefs, it would not qualify for this narrow exemption.

Under the mandate, “medically necessary” abortions are defined as “necessary to prevent, diagnose, correct, or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with a person’s capacity for normal activity, or threaten some significant handicap.” The abortionist is the one who determines whether or not an abortion can be considered “medically necessary.”

Governor Kathy Hochul said that those who oppose the ruling are “right-wing extremists,” who are attempting to undermine “fundamental freedoms” — though she seemingly had no concern for preserving the fundamental right of religious freedom which all people hold under the Constitution.