In a significant move, the U.S. Supreme Court has ordered New York’s highest court to take another look at a contentious case pitting religious freedom against a state mandate requiring employers to cover abortions in health insurance plans.
The decision comes as religious groups, including nuns and charities, fight to protect their First Amendment rights.
The U.S. Supreme Court on Monday directed the New York Court of Appeals to reconsider Diocese of Albany v. Emami, a lawsuit challenging New York’s 2017 mandate requiring employers to include abortion coverage in employee health insurance plans.
The order follows the Court’s unanimous June 2025 ruling in Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission, which found Wisconsin discriminated against a Catholic charity by enforcing state unemployment taxes.
The Supreme Court’s action stems from its 2021 reversal of New York’s courts in the same case, citing its ruling in Fulton v. City of Philadelphia, where the Court held that Philadelphia violated the First Amendment by refusing to contract with a Catholic charity over its policy against screening same-sex couples as foster parents.
The plaintiffs, represented by Becket and Jones Day, include the Sisterhood of Saint Mary, an Anglican order of nuns, the Carmelite Sisters for the Aged and Infirm, First Bible Baptist Church, and Catholic Charities.
They argue New York’s mandate violates their religious convictions.
The state’s exemption applies only to religious groups that primarily teach religion and serve or hire those of the same faith, excluding groups like the Sisterhood of Saint Mary, which runs a 4-H club and youth agricultural outreach, and the Carmelite Sisters, who operate a nursing home serving all regardless of faith.
Mother Miriam of the Sisterhood of Saint Mary celebrated the decision Monday.
"We’re grateful that the Supreme Court has taken action in our case and hopeful that, this time around, the New York Court of Appeals will preserve our ability to serve and encourage our neighbors," she said in a statement.
"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 added.
Eric Baxter, vice president and senior counsel at Becket, said, " New York’s abortion mandate is so extreme that not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for an exemption. The justices should exempt religious organizations once and for all so they can focus on caring for the most vulnerable."
New York’s Department of Financial Services initially proposed exemptions for all religious employers but narrowed it after pressure from abortion activists.
The case now returns to the New York Court of Appeals for reconsideration.
Folks, here we go again. The Supreme Court is telling New York to get its act together and stop trampling on the First Amendment rights of nuns, churches, and charities who just want to serve their communities without being forced to fund abortions.
This is the second time the justices have had to slap down New York’s courts for ignoring the Constitution.
New York’s mandate is a blatant attack on religious liberty, designed to bully groups that serve everyone—regardless of faith—into violating their deeply held beliefs.
This is government overreach at its worst, and it’s no surprise it’s coming from the same crowd that thinks “tolerance” means forcing everyone to bow to their agenda. The Supreme Court’s sending a clear message: religious freedom isn’t negotiable. Let’s hope New York’s courts finally listen, because if they don’t, this fight’s far from over. Stay tuned, folks—this is what happens when bureaucrats think they’re bigger than the Constitution.
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