Ruling on contraception law to be appealed by faith groups

The battle over the Women's Health and Wellness Act, a state law that includes mandated contraception coverage by religious employers, will go to the New York State Court of Appeals.

On Nov. 25, acting State Supreme Court Judge Dan Lamont ruled that the law is not unconstitutional. Plaintiffs in the suit, including Albany diocesan Catholic Charities, immediately vowed to appeal.

In addition to Catholic Charities, plaintiffs include the bishops of New York State, Temple Baptist Church in Halfmoon, First Bible Baptist Church in Rochester, Delta Development of Western New York in Buffalo and the Servants of Relief for Incurable Cancer in Hawthorne.

The Women's Health and Wellness Act took effect Jan. 1, 2003. The only part of the law objected to -- on the grounds of religious freedom -- is the requirement that religious institutions provide contraception coverage for employees. Other aspects of the law, including coverage of mammograms, bone density tests and cervical cancer screenings, have been applauded by the Church.

Objections

"This law violates the free exercise clause of the First Amendment of the federal and state Constitutions," said Dennis Poust of the New York State Catholic Conference, which advocates for the state's bishops on matters of public policy.

Judge Lamont's ruling claimed that the law is "neutral to religion, that there's no evidence it targets the Catholic Church," said Mr. Poust.

In fact, he countered, religious freedom is violated by the law in two ways: "It forces Catholic institutions to provide things we teach are sinful to use; and the government is defining religion in an unconstitutional manner, saying some Catholic facilities are exempt and some are not."

The only religious exemption in the Women's Health and Wellness Act as it stands covers diocesan chanceries, parish rectories and seminaries.

Appeal coming

The state ruling has not discouraged Catholic officials from pressing their case.

"This would have been appealed by our opponents if we had been victorious," Mr. Poust noted. "This was going to the Court of Appeals either way."

As the lawsuit moves forward, Mr. Poust said, Catholic institutions are being forced to cover contraception for employees -- even to cover the cost of drugs that cause abortions.

"The fight is far from over," he said. "We are going to leave no stone unturned in fighting this."

The controversial case, he added, has the potential to reach the U.S. Supreme Court.

(In an earlier interview, Sister Maureen Joyce, RSM, executive director of Catholic Charities of the Albany Diocese, said the law is forcing religious employers down a "slippery slope" toward not being able to abide by their religious principles, creating "a deterioration of our ability to exercise who we are as Church in life issues.")

(12/11/03) [[In-content Ad]]