Diocese of Albany to Appeal New York Abortion Insurance Ruling to US Supreme Court
By: Our Sunday Visitor
The diocese, alongside other religious groups, challenged the regulation, arguing its exemption for religious employers was too narrow and could force some employers to violate their religious beliefs
(OSV News) — The Diocese of Albany said May 21 it planned to appeal to the U.S. Supreme Court after the New York Court of Appeals ruled that the state can continue to require companies with health insurance plans to cover what it called medically necessary abortions.
The diocese, alongside other religious groups, challenged the regulation, arguing its exemption for religious employers was too narrow and could force some employers to violate their religious beliefs.
The New York Court of Appeals announced its unanimous ruling in Roman Catholic Diocese of Albany v. Vullo on Wednesday, May 21. The court rejected the lawsuit by the Diocese of Albany and other religious groups, heard on April 16, 2024.
“While we respect the decision issued today by the New York State Court of Appeals we will again seek review by the United States Supreme Court of this critical challenge to religious freedom by filing a timely petition for a Writ of Certiorari,” a statement from the diocese said. “The United States Supreme Court previously granted our petition for a Writ of Certiorari on this constitutional challenge and vacated the New York lower court decision with a remand direction for further review.”
At stake, they argued, “is regulatory action by a state to require religious organizations to provide and pay for coverage of abortion in their employee health plans.”
“We believe this is unconstitutional since it involves government entanglement in the fundamental rights of free exercise of faith and conscience,” the statement said. “The final decision on constitutionality will be by the United States Supreme Court.”
The challengers argued that the original regulation was intended to exempt employers with religious objections, but that it was later narrowed to cover religious groups that primarily teach religion and mostly serve and hire only those who share their faith. In effect, groups such as Catholic Charities, which seek to serve those in need regardless of their faith, wouldn’t qualify.
The regulation requiring most private insurance plans to cover abortion was implemented in 2017, but the state legislature separately codified it into law in 2022. The challengers sued over the regulation, not the law.
— The Good Newsroom’s Digital Editor Steven Schwankert contributed to this report.
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Kate Scanlon is a national reporter for OSV News covering Washington. Follow her on X.