In a unanimous decision on Monday, the U.S. Supreme Court ordered New York’s highest court to reconsider its ruling that upheld a state mandate requiring religious employers to include abortion coverage in their health insurance plans.
The Court’s unsigned order in Diocese of Albany v. Harris directs the New York Court of Appeals to revisit the case in light of Catholic Charities Bureau v. Wisconsin, a recent decision affirming constitutional protections for religious organizations under the First Amendment’s Free Exercise Clause.
The case stems from a years-long legal challenge brought by a coalition of Catholic and Anglican nuns, dioceses, churches, and faith-based ministries. The groups argued that New York’s 2017 abortion coverage mandate forced them to act against their core religious beliefs regarding the sanctity of life.
“When New York created this abortion mandate, it said it would protect religious groups,” said Lori Windham, a religious liberty attorney. “But religious ministries that serve all people, regardless of faith, were left out. Not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for New York’s stingy definition of religious freedom.”
The original New York law included only a narrow exemption, applying solely to religious organizations that primarily employ and serve individuals of the same faith. As a result, ministries that offer food, housing, and other essential services to the broader public—including people of different faiths or no faith—were left without protection under the mandate.
In 2021, the Supreme Court had already asked New York courts to reconsider the mandate in light of Fulton v. Philadelphia, which held that the government cannot impose burdens on religious exercise unless it passes the highest level of constitutional scrutiny. But state judges refused to reverse their position, setting the stage for this second, more forceful rebuke from the nation’s highest court.
Monday’s order makes clear that New York courts must now apply strict scrutiny, requiring the state to demonstrate that the abortion mandate serves a compelling interest and is narrowly tailored to achieve that goal without violating religious freedom. This aligns with the Court’s recent ruling in the Wisconsin case, where justices emphasized that the government cannot favor certain religious expressions while penalizing others.
“For the second time, the Supreme Court has kept alive efforts by nuns and religious organizations to serve all those in need, without being forced into paying for abortions,” Windham posted on X. “It’s time for New York to take the hint.”
