Court rebuffs Church on health insurance

A New York appeals court ruled last week that a state law requiring religious employers to cover contraceptives in prescription insurance plans is constitutional.

A spokesman for the religious organizations that sued to block the law said they would appeal.

Ruling on a lawsuit filed by Catholic Charities of the Albany Diocese and other church-based medical and social service agencies, the appellate division of the state Supreme Court voted 3-2 that the 2002 law is constitutional.

Violation seen

The church groups, which included non-Catholic entities, argued that the requirement to provide contraceptives for employees violates the tenets of their faith.

"This case is not about the right to contraception," said the New York State Catholic Conference, which represents the bishops in matters of public policy. "We have never challenged employees' right to use contraception. We have simply maintained that our religious beliefs prevent us from paying for something we teach is sinful."

Richard E. Barnes, executive director, said the plaintiffs believe supporters of the contraceptive legislation hope to expand the mandate to require coverage for abortion.

Exceptions

Health insurance that church-based organizations provide for their employees typically excludes coverage for contraceptives, abortion and other procedures that the Church teaches are sinful.

A "conscience clause" in the legislation exempts employers whose main purpose is to promote the faith and who primarily hire members of that faith, such as parishes.

But not covered by the clause are Catholic-run entities throughout the state, including 700 schools, 36 hospitals, 57 nursing homes and hundreds of social services agencies, said the Catholic conference. Those entities often hire non-Catholics.

Opinions

The majority opinion, written by Associate Justice Thomas Mercure, said the aim of the law is to protect women's health and "does not target religious practices."

In their dissent, however, Presiding Justice Anthony Cardona and Associate Justice Edward Spain said the law violates church-state separation guaranteed by the state constitution and the U.S. Constitution.

Barnes said Church leaders were encouraged by the "forceful dissent," which "gives us confidence the plaintiffs will ultimately prevail."

In 2004, the U.S. Supreme Court declined to hear the appeal of a similar law in California, which has been upheld by that state's courts. (CNS)

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