Press Release

20 states, diverse faith groups, & legal scholars support goat-herding nuns at Supreme Court Seven friend-of-the-court briefs ask Justices to stop NY from making nuns pay for abortions

Media Contact

Ryan Colby 202-349-7219 media@becketlaw.org

Additional Information

Diocese of Albany Video Thumbnail

WASHINGTON – A coalition of Muslims, Jews, Christians, 20 states, and legal scholars asked the Supreme Court earlier this week to block New York’s mandate that nuns and religious organizations pay for abortions for their employees. In Diocese of Albany v. Harris, a diverse group of religious organizations including an order of goat-herding nuns sued New York, seeking religious protections in 2017. After New York courts refused to protect the religious groups, Becket and Jones Day asked the Supreme Court to step in. The Justices reversed the lower courts’ rulings and told them to reconsider the case. However, the state courts ignored the Supreme Court and again refused to protect religious organizations, leaving them no choice but to return to the Supreme Court (Watch this short video to learn more).   

When the New York State Department of Financial Services initially proposed the abortion mandate, it promised to exempt all employers with religious objections. However, after facing pressure from abortion activists, New York narrowed the exemption to cover only religious groups that primarily teach religion and primarily serve and hire those who share their faith. This exception does not apply to most religious ministries because they seek to serve all people, regardless of faith. For example, the exemption doesn’t extend to the Carmelite Sisters for the Aged and Infirm and their Teresian Nursing Home because they serve the elderly and dying regardless of religious affiliation.  

“New York is bullying nuns into bankrolling abortions because they serve all people, no matter their faith,” said Eric Baxter, vice president and senior counsel at Becket. “That is unacceptable—as this outpouring of support shows, religious organizations should be free to care for the needy without having to violate their beliefs.” 

Highlights from this week’s filings in Diocese of Albany v. Harris include:   

  • 20 states including Texas, Florida, Georgia, and Ohio, highlight how states like New York, California, and Colorado have repeatedly attacked religious freedom.  

“Religious groups in the Empire State should not be forced to pay for insurance coverage that violates their deeply held religious beliefs,” said Noel J. Francisco, partner-in-charge of Jones Day’s Washington office. “This broad coalition is asking the Court to make that clear and protect a diverse group of religious ministries from New York’s mandate.” 

The Court will consider whether to hear the case later this fall. 

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby atmedia@becketlaw.orgor 202-349-7219.