Becket Press Release
WASHINGTON – 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. 
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.