Court asked to overrule Smith

 See Scotusblog

Roman Catholic Diocese of Albany v. [Emami] Harris

 The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Appellate Division, Supreme Court of New York, Third Judicial Department for further consideration in light of Fulton v. Philadelphia, on Nov. 1, 2021.

 Issues: (1) Whether New York’s regulation mandating that employer health insurance plans cover abortions, which burdens a subset of religious organizations by forcing them to cover abortions, is “neutral” and “generally applicable” under Employment Division v. Smith and Church of the Lukumi Babalu Aye Inc. v. City of Hialeah; (2) whether New York’s mandate interferes with the autonomy of religious entities, in violation of the religion clauses of the First Amendment; and (3) whether — if, under the rule announced in Smith, the free exercise clause of the First Amendment allows states to demand that religious entities opposing abortions subsidize them — Smith should be overruled.

 

I just signed on to an amicus brief in this case asking the Court to grant cert again and overrule Smith. 

Becket's snapshot of the case:

 In 2017, New York state mandated that employers cover abortions in their employee health insurance plans. New York initially planned to respect conscience rights by exempting employers with religious objections. But facing pressure from abortion activists, New York narrowed the exemption to protect only religious entities that primarily employ and serve people of their own faith. This discriminatory rule punishes the many religious groups and ministries that provide critical community services and employ or serve people regardless of their faith. Following the order, a diverse coalition of religious groups that includes contemplative goat-herding Anglican nuns asked the New York state courts to protect them from this regulation that would force them to violate their deepest religious convictions about the sanctity of life. But the New York state courts refused. After asking the U.S. Supreme Court to protect the churches and ministries, the Justices asked the state courts to reconsider in light of Becket’s other landmark victory in Fulton v. City of Philadelphia. The New York courts refused to follow the Supreme Court’s guidance and again upheld the abortion mandate. Represented by Becket and Jones Day, the religious groups are again asking the U.S. Supreme Court to step in and protect the right of their churches and ministries to teach and serve without being forced to fund abortions.