Anglican nuns from Sisterhood of Saint Mary (photographed with bishops from the Anglican Church of North America’s Diocese of the Living Word) are among those suing the state of New York for requiring that they cover abortion in their health plans. / Credit: Photo courtesy of Becket Law
Washington, D.C. Newsroom, Apr 17, 2024 / 14:15 pm (CNA).
A coalition of Christian groups — including Catholic nuns, Anglican nuns, Catholic dioceses, and other faith-based ministries — defended their religious freedom rights to abstain from covering abortions in their health care plans in front of New York’s highest court on Tuesday.
The New York State Court of Appeals heard oral arguments in a lawsuit that challenges a New York Department of Financial Services regulation that could require the organizations to cover “medically necessary” abortions. Although the law includes a narrow religious exemption, the strict criteria needed to qualify for the exemption could prevent many faith-based organizations from being approved.
Even though the New York State Court of Appeals previously upheld the regulation, the United States Supreme Court asked that the court reconsider its ruling in light of the new religious freedom precedent set in 2021.
Noel Francisco, the lawyer representing the religious groups, told the seven-judge panel that the regulation would force these groups to violate their religious beliefs. He said the narrow religious exemption allows some faith-based groups to abstain from funding abortion but that others fail to qualify, which effectively lets the state “pick religious winners and losers.”
Per the state regulation, a faith-based organization would only qualify for the exemption if it primarily employs people who share in its religious tenets and primarily serves people who share in its religious tenets. Effectively, charitable faith-based organizations that provide services to people regardless of their faith are unable to qualify.
In his oral arguments, Francisco argued that the law is not generally applicable because it does not treat all religious groups equally and prevents some faith-based groups from qualifying for an exemption based on its narrow criteria. Under the strict rules, he noted that the ministry of St. Teresa of Calcutta, widely known as Mother Teresa, would not even be able to qualify for a religious exemption under such rules.
“Under this law, the state would have the discretion to deny a religious employer exemption to Mother Teresa and the sisters of Calcutta because, the last time I checked, the poor people of Calcutta were not predominantly Catholic,” Francisco told the judges. “This is a regime that is contrary to the Supreme Court precedent from root to branch.”
The judges challenged Assistant Solicitor General Laura Etlinger, who represented the state agency that promulgated the regulation, during oral arguments. One of the primary concerns expressed by the judges was that the regulation would force faith-based ministries to either provide abortion coverage or drastically curtail their religious mission to conform themselves to the exemption criteria.
In her oral arguments, Etlinger claimed the state drew “a reasonable line” when setting the criteria for an exemption. She further argued that ruling against the state would “discourage the state from providing accommodations” and the result would be “restrictions on free exercise rather than promoting free exercise.”
Etlinger told the judges that there is “deference [given] to the requesting objector” when an organization applies for the exemption and noted the organizations suing the state “have never sought an exemption.”
In a rebuttal, Francisco countered that his clients did not apply for an exemption because they provide services to people regardless of faith and clearly did not meet the criteria set in the state regulation.
The United States Supreme Court requested that the New York State Court of Appeals reconsider the case in light of the religious freedom victory in Fulton v. City of Philadelphia. In this case, the Supreme Court ruled that Philadelphia could not discriminate against faith-based adoption services that refuse to facilitate adoptions for homosexual couples.
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Acts like this help us understand why there is the dreadful penalty of hell.
Vatican II’s declarations about Muslims and Islam are due for re-evaluation.
Nigerian Christians are facing a full fledged genocide at the hands of Islamic Fascists, and the world doesn’t care, and simply ignores it. Clearly some black lives really do not matter to the Mainstream Media.
Good thing Biden thinks there is no risk of religious persecution in Nigeria worth monitoring. Otherwise it could be a problem there.
Why does it seem like no one cares about the killing of Christians in Nigeria? Why is there no protection for them? Why aren’t the people who do this hunted and punished?
The people who did this are Fulani herdsmen, 99 per cent of whom are Muslims. They number 34 million and can be found everywhere from the Atlantic coast of West Africa to Ethiopia.
To put an end to the violence entails putting an end to Islam among the Fulani. That in turn demands that they be called to Christianity or removed in ways similar to those used against the Cathars.
Wait until the overturning of Roe vs Wade to see what happens to Catholics in the U.S. and the reaction of cowards like Cupich and McElroy. It’s like we are being attacked from within and without. Pray my brothers and sisters.
Science as well as faith help us to know how ‘small ‘ and interconnected we are – in the brothehood in The Mother ..havng read how the dust from the Sahara desert blows into S. America in the balancing of the eco system , we can also wonder how sins against life anywhere also invites in the agents of death and destruction, war and violence , lust and greed – esp. through those who have been blinded by Satan about the truth of the dignity and destiny of human life .
The interconections in these areas being ? willfully denied – the light shared in the powerful homily of the Holy Father on the need to love The Lord to be able to keep the commandments -the 24 Hour Passion meditations , the Flame of Love – adoring the Sacred wounds of our Lord , the indirect light from all such to flow into more hearts to help to love The Lord with His own Love in The Spirit …
Fathers charged to bring up the children in the discipline and instruction in The Lord (Eph 6 :4 ) – that to include fathers of nations too ..
The tears of The Lord and of The Mother shed for the slavation of each of us from the moment of their very beginnning as the Immaculate Conception and Incarnation and for every wound of sin and suffering of His children – to be offered up for all involved to help bring forth conversions as is done in the Holy Mass – to help break the walls around the hearts … along with use of other prudent measures as needed , as The Church continues to persevere in using the weapons given in The Mother ..
Hey, I don’t know what your comments have to with anything, but I do want to make sure that you know that Muslim terrorists killed Christian Nigerians yet again last Sunday. You would not necessarily know that from the four(!) CNA shorts on this story or the heartfelt condolences offered by the Holy Father. Nevertheless, it is seems pertinent.