The Supreme Court declined Monday to take up a case over whether religious charities must provide insurance coverage for abortions, telling a New York court that had ruled against the charities to reconsider its decision.
The decision comes as justices have taken favorable stances on religious freedom claims. The highest court declined to take the case of Diocese of Albany v. Emami in the context of a major ruling it passed down earlier this year, which sided with a Catholic charity in Philadelphia that declined to screen same-sex couples as foster parents.
In that case, Fulton v. Philadelphia, the city’s refusal to contract with the charity due to its same-sex couple policy violated the free exercise clause of the First Amendment. The Catholic Diocese of Albany argued in the New York case the state’s abortion insurance mandate for employers, approved four years ago, is a First Amendment violation.
On Monday, the Supreme Court ordered a rehearing of the New York case for further consideration after vacating a state court ruling that upheld the rule, according to a readout.
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“We are gratified and grateful that the Supreme Court has recognized the serious constitutional concerns over New York State’s heavy-handed abortion mandate on religious employers,” Bishop Edward B. Scharfenberger told Fox News in a statement.
The Supreme Court’s decision on Monday marks a victory for charities in New York and hands the case back to state court.
According to the Empire State’s mandate, there are already some exceptions for religious entities, including those that seek to promote religious values and workers who share the religious tenets of an organization. However, the exceptions don’t always cover some groups, including Catholic Charities or institutions such as nonprofit nursing homes operated by nuns.
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch said they would have taken the case for argument.
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The Washington Examiner contacted the RCDA and the Sisterhood of Saint Mary but did not immediately receive a response.
