Following two trips to the U.S. Supreme Court, the state late last week gave up on trying to make nuns pay for abortions.
The state ended its effort to apply its abortion mandate to Catholic and Anglican nuns, Catholic dioceses, Christian churches, and faith-based social ministries, bringing its long-running fight in Diocese of Albany v. Harris to a close.
When New York created an abortion mandate for health care plans, it promised to protect religious groups.
But after facing pressure from abortion activists, New York radically cut back the promised protections and made its mandate apply to any religious groups who hire or serve people of other faiths. That burdened many religious ministries—including those challenging the mandate here—because they welcome and serve all people of all faiths. For example, the mandate applied to the Carmelite Sisters for the Aged and Infirm because they serve the elderly and dying of any faith.
“For nearly a decade, New York bureaucrats tried to strong-arm nuns into paying for abortions because they serve all those in need,” said Lori Windham, senior counsel at Becket and an attorney for the religious groups.
“At long last, the state has given up its disgraceful campaign. This victory confirms that the government cannot punish religious ministries for living out their faith by serving everyone.”
After New York courts refused to protect religious organizations targeted by New York’s mandate, the ministries asked the Supreme Court to take their case. In 2021, the Court reversed the New York state courts and told them to reconsider the case in light of Becket’s landmark victory in Fulton v. City of Philadelphia.
But the state courts ignored Fulton, forcing the religious groups back to the Supreme Court once again.
Last year, the Supreme Court ruled unanimously in Catholic Charities, which says that government cannot use schemes like New York’s to discriminate among religious people. It then directed the New York courts to reconsider the case again in light of that ruling.
New York acknowledged that Catholic Charities undermined its position and agreed to bring this case to an end.
“The Supreme Court has made it abundantly clear that religious groups shouldn’t be bullied for staying true to their faith,” said Windham. “We are glad that New York finally agreed to settle this case and protect religious objectors from discrimination.”
The settlement officially brings the case to a close. The religious groups are also represented by Jones Day and Tobin and Dempf, LLP.