The U.S. Supreme Court has sided with religious organizations challenging a New York state mandate that requires employer health insurance plans to cover medically necessary abortions. In a decision issued on June 16, the justices vacated a lower court ruling that upheld the state’s mandate and instructed New York’s top court to reexamine the case in light of a recent related Supreme Court ruling.

Background of the Case

The legal challenge was led by the Roman Catholic Diocese of Albany and other religious employers, including a Catholic-run nursing home and a retirement community affiliated with the Church. These organizations argued that the state’s exemption criteria are too narrow and unfairly exclude religious institutions that serve broader communities rather than only those who share their specific religious beliefs.

Under New York’s policy, exemptions from the abortion coverage requirement are only available to religious entities that (1) primarily promote religious values and (2) employ and serve individuals who share the group’s religious tenets. The mandate, approved by regulators in 2017 and enacted into law by the Legislature in 2022, has been defended by the state as a “denominationally neutral” balance between religious freedom and access to essential reproductive health care.

However, the religious employers claimed this framework amounts to religious discrimination. Their legal team argued that institutions like a Lutheran nursing home that serves only Lutherans could qualify for an exemption, while a Catholic facility serving people of all faiths could not.

High Court’s Instructions

The Supreme Court did not issue a final ruling on the constitutionality of New York’s policy but instead vacated the previous ruling from a New York appellate court and sent the case back for reconsideration. The justices instructed the state court to take into account a recent Supreme Court decision involving a similar issue in Wisconsin, where the Court ruled in favor of the Catholic Church’s charitable arm after determining that the state’s tax exemption policy favored certain denominations over others.

This is not the first time the New York abortion coverage rule has reached the high court. In 2021, the justices also directed state courts to reconsider their ruling, that time citing a decision involving a Catholic charity in Philadelphia that declined to certify same-sex couples as foster parents.

Reaction from Religious Groups

Although the Supreme Court again declined to issue a direct ruling in their favor, religious challengers expressed optimism. Noel J. Francisco, an attorney representing the plaintiffs, welcomed the decision.

“We are confident that New York will finally get the message and stop discriminating against religious objectors,” Francisco said in a statement.

The case now returns to New York’s highest court, which must reevaluate the state’s abortion coverage rule through the lens of recent Supreme Court precedents. The outcome could have significant implications for the balance between religious freedom and healthcare access mandates across the United States.

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