Supreme Court pushes New York to rethink abortion coverage mandate
In a striking blow to overreaching state policies, the U.S. Supreme Court has stepped in to challenge New York’s heavy-handed mandate forcing employers to fund abortions through health insurance plans.
This latest development in the case of Diocese of Albany v. Harris is a beacon of hope for religious liberty, as the court ordered New York’s highest judicial body to take another look. As reported by Catholic World Report, the decision comes on the heels of a significant win for faith-based groups.
Back in 2017, New York’s Department of Financial Services dropped a bombshell, requiring employer health plans to cover what they deemed “medically necessary” abortions. Initially, there was talk of exemptions for religious objectors, but under pressure from activists pushing a progressive agenda, the state tightened the rules to exclude many faith-driven ministries. These narrow exemptions left groups serving all people, regardless of belief, out in the cold.
Religious Groups Fight Back Against Mandate
A coalition of religious organizations, including the Dioceses of Albany and Ogdensburg, Anglican nuns, a Baptist church, and Catholic Charities, didn’t take this lying down. They filed a lawsuit in 2017, arguing that funding abortions violates their core belief in the sanctity of life. Represented by Becket and Jones Day, they’ve been battling to protect their right to practice faith without state coercion.
Take the Carmelite Sisters for the Aged and Infirm, who run a nursing home for the elderly and dying, or Catholic Charities, offering adoption and maternity support. These groups serve everyone, not just their own flock, yet New York’s mandate would force them to either pay for procedures they oppose or face crippling fines in the millions. Talk about a rock and a hard place.
Without relief, these organizations might even have to scrap employee health plans altogether. That’s not just a policy misstep; it’s a direct attack on their mission to care for the vulnerable while staying true to their convictions.
Supreme Court Steps In Twice
The legal fight has been a roller coaster since 2017, with state courts initially upholding the mandate despite the coalition’s objections. But in 2021, the Supreme Court pushed back, overturning those rulings by pointing to a prior victory for religious liberty in a case involving Catholic foster care agencies. It seemed like a clear message to respect faith-based objections.
Yet, New York’s Court of Appeals doubled down in May of this year, dismissing the Supreme Court’s guidance and insisting the mandate stands. Dennis Poust of the New York State Catholic Conference didn’t mince words, calling the policy “unconstitutional and unjust.” One has to wonder if the state missed the memo on religious freedom.
Fast forward to early June, and the Supreme Court delivered another unanimous ruling in a separate case, affirming First Amendment protections for Catholic Charities in Wisconsin. Justice Sonia Sotomayor called the denial of a tax exemption there a “textbook” violation of constitutional rights for favoring some religious practices over others. If that’s not a hint to New York, what is?
New York’s Stubborn Stance Under Fire
New York Gov. Kathy Hochul has stood firm, defending the mandate as vital for women’s health care while branding the plaintiffs as “extremists.” With all due respect to the governor, labeling nuns and charities as radicals for wanting to follow their faith seems a bit rich. Surely, there’s room for a policy that doesn’t trample on deeply held beliefs.
Eric Baxter of Becket put it sharply: “New York wants to browbeat nuns into paying for abortions for serving all in need.” That’s not just a zinger; it’s a spotlight on a state overstep that feels more like bullying than governance. Religious groups shouldn’t have to choose between their mission and their morals.
Noel J. Francisco of Jones Day echoed the sentiment, stating that faith-based entities in New York “should not be forced to provide insurance coverage that violates their deeply held religious beliefs.” It’s a straightforward plea for fairness in a state that prides itself on diversity—except, apparently, diversity of conscience.
Parallels to Past Religious Liberty Wins
This case brings to mind the long fight by the Little Sisters of the Poor against a federal mandate on contraceptives, where the Supreme Court ruled multiple times that religious groups can’t be coerced into supporting practices they oppose. If history is any guide, New York might be on the losing end of this battle. The principle of religious liberty isn’t a suggestion; it’s a cornerstone.
For now, the Supreme Court’s order to revisit the case offers a glimmer of hope for these faith-based groups. Baxter remains optimistic, expressing confidence that they’ll ultimately be able to serve the most vulnerable without compromising their beliefs. It’s a waiting game, but one with high stakes for freedom of faith.
As this legal saga unfolds, it’s a reminder that the balance between individual rights and state power is fragile. New York’s insistence on a one-size-fits-all policy risks alienating those who do immense good for society, all because they won’t bow to a controversial mandate. Let’s hope the state court finally gets the message that religious liberty isn’t negotiable.



