Supreme Court order gives religious organizations new chance to challenge New York abortion rule

Key Points

• The Supreme Court has ordered a New York court to reevaluate whether religious organizations should be exempt from the state’s regulation requiring health insurance plans to cover abortions.
• This action follows the Court’s unanimous June decision that Wisconsin discriminated against a Catholic charity by imposing state unemployment taxes.
• New York’s exemption applies only to religious employers that primarily serve and employ co-religionists, excluding faith-based groups that serve broader populations.
• The Roman Catholic Diocese of Albany and other church groups have challenged the rule, marking the second time the Supreme Court has remanded the case to New York courts.

WASHINGTON (AP) — The Supreme Court on Monday ordered a New York court to take a new look at whether some religious organizations should be excluded from a state regulation requiring health insurance plans to cover abortions.

The justices acted after the court unanimously ruled earlier in June that Wisconsin discriminated against a Catholic charity by forcing it to pay state unemployment taxes.

The New York case poses a similar issue because the state exempts religious employers if their purpose is to spread religious values and they primarily employ and serve people of their faith. But religious groups that serve and employ people regardless of their beliefs don't qualify for the exemption.

The Roman Catholic Diocese of Albany and other church groups challenged the rule.

It's the second time the nation's highest court has sent the case back to New York courts. Last year, the New York Court of Appeals upheld the regulation after taking into account the Supreme Court's unanimous ruling in 2021 in favor of a Catholic foster care agency in Philadelphia that refused to work with same-sex couples because of its religious opposition to same-sex marriage.

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