The Supreme Court announced this morning that it will not hear a case about religious organizations paying for workers’ birth-control health insurance benefits. That’s a very positive development.
The case, Catholic Charities of the Diocese of Albany v. Dinallo, is the result of a New York law that requires social service agencies, including religious groups, to subsidize contraceptives as part of prescription drug coverage they offer employees. It was part of a statewide effort to require health plans to cover contraception and other services aimed at women, including mammography, cervical cancer screenings and bone density exams.
Catholic Charities and other religious groups argued that New York’s law violates their First Amendment right to practice their religion because it forces them to violate religious teachings that regard contraception as sinful.
“If the state can compel church entities to subsidize contraceptives in violation of their religious beliefs, it can compel them to subsidize abortions as well,” the groups said in urging the court to take their case. “And if it can compel church entities to subsidize abortions, it can require hospitals owned by churches to provide them.”
Kevin Baine, representing the religious organizations, told the AP, “A church ought to be able to run its affairs and organize relationships with its employees in a way that’s consistent with moral values and teachings.”
That may sound vaguely persuasive, but there’s a reason lower courts unanimously ruled with the state.
The New York law contains an exemption for churches, seminaries and other institutions with a mainly religious mission that primarily serve followers of that religion. Catholic Charities and the other groups sought the exemption, but they hire and serve people of different faiths.
New York’s highest court ruled last year that the groups had to comply with the law. The 6-0 decision by the state Court of Appeals hinged on the determination that the groups are essentially social service agencies, not churches.
It’s an important distinction. A local Catholic church in Albany is exempted from the law; a social services group that happens to have a Catholic mission isn’t. As Scott Lemieux explained very well, “It is appropriate to exempt churches qua churches from some neutral laws and civil rights protections. Nominally religious organizations that hire people of different faiths, serve people of different faiths, and perform secular services with taxpayer subsidies and/or tax breaks should comply with generally applicable statutes except in rare cases when they are specifically targeted at religious groups.”
By sidestepping the case, the high court doesn’t establish any precedent, but the New York law exists in 23 other states.
NARAL Pro-Choice New York’s Kelli Conlin added:
“Again, the Court has shown that women have a right to access reproductive health care services under their employer health plans. This law ensures that women will be able to afford the vital care the need to make healthy decisions.
We are vindicated that this Supreme Court, not always a friend to women’s health, allowed the lower Court ruling to stand which recognized that no one is above the law, not even the Catholic Bishops. No employer should be able to force their beliefs upon their employees, especially given that 97% of Catholics report using birth control.”
There haven’t been too many good days at the Supreme Court lately. This qualifies.