A diverse coalition of religious groups asked the Supreme Court late yesterday to block New York’s mandate forcing them to cover abortions in their employee health insurance plans. In Diocese of Albany v. Harris, a group of Anglican and Catholic nuns, Catholic dioceses, Christian churches, and faith-based social ministries initially sued over the mandate in 2017.

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After New York courts declined to protect the religious institutions, Becket and Jones Day asked the Supreme Court to step in. In 2021, the Justices reversed the lower courts’ rulings and told them to reconsider the case. However, the state courts ignored the Supreme Court and again refused to protect religious organizations, leaving them no choice but to return to the Supreme Court (Watch this short video to learn more).

When the New York State Department of Financial Services initially proposed the abortion mandate, it promised to exempt all employers with religious objections. However, after facing pressure from abortion activists, New York narrowed the exemption to cover only religious groups that primarily teach religion and primarily serve and hire those who share their faith. This exception does not apply to most religious ministries because they seek to serve all people, regardless of faith. For example, the exemption doesn’t extend to the Carmelite Sisters for the Aged and Infirm and their Teresian Nursing Home because they serve the elderly and dying regardless of religious affiliation.

“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.”

After New York courts refused to protect religious organizations, the religious groups asked the Supreme Court to take their case. In 2021, the Court reversed the unfavorable rulings from New York state courts and told them to reconsider the case in light of Becket’s landmark victory in Fulton v. City of Philadelphia. Despite this, the state courts ignored Fulton, forcing the religious groups back to the Supreme Court once more to protect their freedom to serve according to their faith.

“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.”

The Court will consider whether to hear the case later this fall.