New York State Abandons Abortion Funding Mandate for Christian Organizations
For nearly ten years, Christian groups have been pushing back against New York state’s requirement to fund abortions. They achieved a significant victory recently, spurred by a ruling from the U.S. Supreme Court in June.
Back in January 2017, then-Governor Andrew Cuomo announced that New York would mandate employers to cover “all medically necessary abortion services,” along with contraceptives. He, being Catholic, emphasized that this was part of a series of regulatory measures to guarantee women’s access to reproductive healthcare, irrespective of federal developments.
Despite offering some religious exemptions, these were quite limited. A coalition of non-exempt Christian organizations—including the Roman Catholic Dioceses of Albany and Ogdensburg—filed a lawsuit against the state. They argued this mandate infringed upon their First Amendment rights.
Over the years, their struggle faced multiple legal challenges. However, hope resurfaced in late 2021 when the Supreme Court overturned a lower court’s decision that upheld the mandate. The justices decided to reassess the issue in light of their earlier ruling in Fulton v. Philadelphia, which had ruled against the city for infringing on religious freedoms by mandating that churches approve same-sex couples as foster parents.
The state appellate court had previously ruled against the plaintiffs yet again, reaffirming the abortion mandate. But the Supreme Court’s eventual engagement signaled more trouble for New York, given the unyielding nature of the religious exemptions outlined in their mandate.
On Friday, New York officials finally retreated, agreeing to drop any efforts to compel the Christian organizations to finance abortions. Lori Windham, legal counsel for the plaintiffs, expressed relief: “For almost a decade, state officials pushed to make nuns pay for abortions, claiming they served all populations in need. This marks the end of a detrimental campaign. The victory assures that service to everyone doesn’t negate the right to live out one’s faith.”
Windham also pointed out that the Supreme Court has been clear in its stance—religious organizations should not be pressured into compromising their beliefs.
According to settlement terms, Governor Kathy Hochul’s administration will officially recognize several organizations as religious employers. This classification will grant them exemptions from the abortion mandate. Among those listed are St. Gregory the Great Roman Catholic Association of Amherst and Our Savior Lutheran Church in Albany.
Some groups, such as the Sisters of Mary and Catholic Charities of the Diocese of Brooklyn, decided to drop their claims against the state.
