Religious groups, nuns ask Supreme Court to halt New York's insurance coverage for abortions

A diverse group of religious advocates is petitioning the Supreme Court to hear a challenge to New York state’s requirement for health insurance coverage for abortions.

The petitioners include faith-based groups that provide nursing-home services for the elderly, religious schools and other ministries with different charitable missions, who have asked the justices to review a lower court’s refusal to block New York’s requirement that health care coverage include abortions.

The state issued a rule in 2017 that prohibits health insurance policies to exclude coverage for medically necessary abortions. 

The petitioners say the rule only has a limited exception for religious groups that include persons who employ or teach those of the same faith. They also say the medically necessary aspect of the rule is unclear and could include babies with a Down syndrome diagnosis.

“All these organizations are religiously opposed to abortion; no one has questioned the sincerity of their beliefs,” read their petition filed Tuesday with the high court.

Lower courts have sided with the state, reasoning the exemption was consistent with precedent and is neutral when applied to all religions. 

New York courts again ruled against the petitioners, even after the Supreme Court first remanded the issue back for reconsideration following the justices' 2021 decision in a dispute over a city refusing to allow religious organizations to place foster children if they did not serve LGBTQ couples.

That case, Fulton v. City of Philadelphia, reasoned that the city had discriminated against Catholic Social Services for refusing to work with the organization over its position on same-sex couples.

“New York’s abortion mandate is so extreme that not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for an exemption,” said Eric Baxter, vice president and senior counsel at Becket, which is representing the religious challengers. “The justices should exempt religious organizations once and for all so they can focus on caring for the most vulnerable.”

It would take four justices to vote in favor of hearing the dispute for oral arguments to be granted for the court’s next term, which begins next month.

A spokesperson from New York’s Financial Services Department, the named defendant in the case, did not immediately respond to a request for comment.

A spokesperson from New York’s governor's office declined to comment on active litigation. 

The case is Roman Catholic Diocese of Albany et al., v. Adrienne A. Harris, superintendent of New York State Department of Financial Services.