New York Ends Fight to Force Nuns to Pay for Abortions
The state of New York has spent a decade attempting to force nuns and other religious ministries to cover the cost of abortions. But no longer.
In 2017, New York created a statewide abortion mandate requiring employers to cover abortifacients and even surgical abortions in their health plans.
According to Becket, New York initially planned to respect conscience rights by exempting employers with religious objections. But under pressure from abortion activists, the state greatly narrowed the exemption to protect only religious organizations that “primarily employ and serve people of their own faith.”
“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 and an attorney for the religious groups.
“At long last, the state has given up its disgraceful campaign,” Windham added. “This victory confirms that the government cannot punish religious ministries for living out their faith by serving everyone.”
A coalition of religious groups from a variety of streams of Christian faith sued New York “arguing that the law forced them to violate their deeply held religious beliefs about the sanctity of life,” Becket notes. “The groups include Roman Catholic dioceses, an order of goat-herding Anglican nuns, Baptist and Lutheran churches, and Catholic ministries.”
However, when New York courts failed to protect the organizations’ religious freedom rights, the ministries asked the U.S. Supreme Court to take up their case. In 2021, the Court reversed the lower courts and asked them to reconsider the case in light of the Court’s decision in Fulton v. City of Philadelphia.
In that case, the Supreme Court upheld Catholic Social Services’ (CSS) constitutional right to refuse to place children in foster homes with same-sex couples. The Court held Philadelphia’s refusal to contract with CSS because of the organization’s religious beliefs violated the First Amendment’s free exercise clause.
However, the New York courts once again sided against the religious organizations, forcing the ministries to again seek relief from the Supreme Court.
In 2024, the Court again sent the case back down to the New York courts for reconsideration in light of the Court’s unanimous ruling in Catholic Charities. In that case, the Supreme Court ruled the First Amendment prohibits states from requiring organizations to meet certain theological criteria to qualify for exemptions from unemployment taxes.
Considering that ruling, New York agreed that its abortion mandate ran contrary to the Supreme Court’s decision in Catholic Charities and decided to end the case.
“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.”
The case is Diocese of Albany v. Harris.
Related articles and resources:
Dealing With Unplanned Pregnancy
Become an Option Ultrasound Life Advocate
New Insights on the Dangers of the Abortion Pill
The Power of Prayer to Defeat the Darkness of Abortion
Photo from Becket.
ABOUT THE AUTHOR
