Coalition of faith groups
side with nuns in religious freedom case before Supreme Court
Washington, D.C. Newsroom, Oct 23, 2024 / 15:45 pm
A group of nuns and religious associations fighting
for exemption from a New York law mandating they provide abortion coverage to
their employees has gained support from a coalition of Muslim, Jewish, Hindu,
Catholic, and other Christian groups as they take their legal battle to the
Supreme Court.
In Diocese of Albany v. Harris, the
plaintiffs are suing the state of New York after it mandated employers to cover
abortions in their employee health insurance plans. The nuns have been engaged
in the litigation since first filing suit in 2017. Their case is one of several religious freedom cases that
could be on the Supreme Court docket this term.
Twenty states including Texas,
Florida, Georgia, and Ohio have thrown their weight behind the case, alongside
the University of Notre Dame’s Religious Liberty Clinic and
various Catholic health care
professionals and organizations. Together with
the various religious groups, they collectively filed seven
friend-of-the-court briefs asking the Supreme Court to block the mandate.
“New York is bullying nuns into
bankrolling abortions because they serve all people, no matter their faith,”
said Eric Baxter, vice president and senior counsel at the religious liberty
law firm Becket, in a press release.
“That is unacceptable — as this outpouring of support shows, religious
organizations should be free to care for the needy without having to violate
their beliefs.”
The plaintiffs, including the Sisters of St. Mary,
a contemplative order of goat-herding Anglican nuns, asked the state in the
filing for protection against the regulation, but the New York court refused.
Following the initial decision, the
religious groups appealed to the Supreme Court, which returned it to the state
court in May. In their filing, they asked the court to reconsider the case in
light of Fulton v. City of Philadelphia,
a religious liberty case that upheld the religious liberty of private
Catholic adoption agencies.
However, the lower court once again denied the
plaintiffs’ appeals, upholding the abortion mandate, leading Becket to appeal
to the Supreme Court for a second time this past September.
The seven briefs include a joint
contribution from Muslim and Hindu groups
as well as from Jewish and Christian groups,
including the United States Catholic Conference of Bishops (USCCB) and
representatives from various Protestant denominations.
In their respective briefings, the diverse
coalition explains why the protection of religious freedom is crucial for those
who are practicing members of a minority faith.
“Abortion has been at the center of a religious,
moral, political, and judicial firestorm for decades,” the amicus briefing
filed by the Christian coalition reads. “Until recently, supporters and
opponents of abortion rights acknowledged that coercing religious organizations
to support abortion triggers profound questions of religious freedom.”
Having previously forced religious charity
organizations to include contraception in their employee health plans, the
briefing states, “New York has taken the long next step” by “dragooning
religious organizations into becoming complicit in abortion,” a move the
briefing calls “an intolerable invasion of religious autonomy.”
“The Constitution protects the free exercise of
religion,” the brief submitted by The Islam and Religious Freedom Action Team
of the Religious Freedom Institute (RFI) and the International Society for
Krishna Consciousness adds. “In a religiously pluralistic and highly regulated
society like ours, there can be no free exercise of religion for minority
faiths without religious exemptions.”
The Supreme Court will consider whether to hear the
case “later this fall,” according to Becket.
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