Unanimous Supreme Court Delivers Big Win For Conservatives
In a unanimous ruling on Monday, the U.S. Supreme Court instructed New York’s highest court to reevaluate its decision that upheld a state mandate requiring religious employers to provide abortion coverage in their health insurance plans.
The Court’s unsigned directive in Diocese of Albany v. Harris instructs the New York Court of Appeals to reconsider the case in light of Catholic Charities Bureau v. Wisconsin, a recent ruling that confirmed constitutional protections for religious organizations under the First Amendment’s Free Exercise Clause.
This case arises from a prolonged legal battle initiated by a coalition of Catholic and Anglican nuns, dioceses, churches, and faith-based organizations. The groups contended that New York’s 2017 abortion coverage mandate compelled them to act contrary to their fundamental religious convictions regarding the sanctity of life.
“When New York established this abortion mandate, it claimed it would safeguard religious groups,” stated Lori Windham, a religious liberty attorney. “However, religious ministries that serve all individuals, irrespective of their faith, were excluded. Not even Jesus, Mother Teresa, or Mahatma Gandhi would meet New York’s narrow definition of religious freedom.
The initial New York legislation provided only a limited exemption, which was applicable exclusively to religious organizations that predominantly employ and assist individuals of the same faith. Consequently, ministries that provide food, housing, and other vital services to the general public—including individuals of various faiths or those without any faith—were left unprotected under the mandate.
In 2021, the Supreme Court had previously urged New York courts to reassess the mandate in light of Fulton v. Philadelphia, which determined that the government cannot impose restrictions on religious practices unless it meets the highest standard of constitutional scrutiny. However, state judges declined to alter their stance, paving the way for this subsequent, more emphatic rebuke from the nation’s highest court.
The order issued on Monday clarifies that New York courts are now required to implement strict scrutiny, necessitating the state to prove that the abortion mandate serves a compelling interest and is precisely tailored to achieve that objective without infringing upon religious freedom. This is consistent with the Court’s recent decision in the Wisconsin case, where justices highlighted that the government cannot favor specific religious expressions while discriminating against others.
“For the second time, the Supreme Court has sustained the efforts of nuns and religious organizations to assist all those in need, without being compelled to finance abortions,” Windham stated on X. “It is time for New York to heed this message.”
