Catholic and Anglican nuns defend religious freedom in New York’s highest court

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A coalition of Christian groups — including Catholic nuns, Anglican nuns, Catholic dioceses, and other faith-based ministries — defended their religious freedom rights to abstain from covering abortions in their health care plans in front of New York’s highest court on Tuesday.

The New York State Court of Appeals heard oral arguments in a lawsuit that challenges a New York Department of Financial Services regulation that could require the organizations to cover “medically necessary” abortions. Although the law includes a narrow religious exemption, the strict criteria needed to qualify for the exemption could prevent many faith-based organizations from being approved.

Even though the New York State Court of Appeals previously upheld the regulation, the United States Supreme Court asked that the court reconsider its ruling in light of the new religious freedom precedent set in 2021.

Noel Francisco, the lawyer representing the religious groups, told the seven-judge panel that the regulation would force these groups to violate their religious beliefs. He said the narrow religious exemption allows some faith-based groups to abstain from funding abortion but that others fail to qualify, which effectively lets the state “pick religious winners and losers.”

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