New York agrees to give up decade-long legal fight with nuns over abortion mandate

New York will no longer try to force nuns and other religious groups to cover abortions in their health insurance plans, ending a nearly decade-long legal battle.

In an agreement filed Jan. 16, the state agreed to drop its case against Catholic and Anglican nuns, Christian churches and dioceses, and social ministries that it had been fighting in the courts for years – in a case that reached the Supreme Court twice. 

Although New York initially promised its abortion mandate would not apply to religious groups, it “radically cut back the promised protections and made its mandate apply to any religious groups who hire or serve people of other faiths” after facing pressure from abortion advocates, according to Becket Fund, which represented the religious groups in court. That “burdened” groups that welcome people from all faith backgrounds, the firm said, such as the Carmelite Sisters for the Aged and Infirm, who serve elderly and sick patients from any faith.  

“For nearly a decade, New York bureaucrats tried to strong-arm nuns into paying for abortions because they serve all those in need,” Becket senior counsel Lori Windham said in a statement. “At long last, the state has given up its disgraceful campaign. This victory confirms that the government cannot punish religious ministries for living out their faith by serving everyone.”  

The Lion has reached out to the state agency at the center of the case, the New York State Department of Financial Services, for comment.  

In 2021, the case reached the Supreme Court as the nuns and religious ministries argued New York’s requirement for the groups to pay for abortions forced them “to violate their deepest religious convictions about the sanctity of life.” The justices remanded the case to the lower courts, ordering them to reconsider it. 

“The New York courts refused to follow the Supreme Court’s guidance and again upheld the abortion mandate,” Becket said, noting that the groups were forced to go back to the Supreme Court to ask for it to “step in and protect the right of their churches and ministries to teach and serve without being forced to fund abortions.” 

The Supreme Court again last year directed lower courts to review the case, in light of its recent ruling in a case surrounding the Catholic Charities Bureau, which found that “government cannot use schemes like New York’s to discriminate among religious people.” 

Just months after the Supreme Court’s order, New York agreed to drop the case, bringing a legal battle that began nearly ten years ago to a close. 

“The Supreme Court has made it abundantly clear that religious groups shouldn’t be bullied for staying true to their faith,” Windham said. “We are glad that New York finally agreed to settle this case and protect religious objectors from discrimination.” 

Photo credit: Becket Fund