A federal appeals court has upheld the right of religious employers to hire employees in accordance with the organization’s faith and mission.
On Thursday, January 2, the 2nd Circuit Court of Appeals ruled in favor of several groups challenging a New York law (SB 660) that prohibits “discrimination based on an employee’s or a dependent’s reproductive health decision making.”
Alliance Defending Freedom attorneys represent several organizations challenging the law, including CompassCare, a faith-based pregnancy center in Rochester; First Bible Baptist Church; and the National Institute of Family and Life Advocates, an association of pro-life pregnancy centers.
These organizations, which first challenged the law in 2019, allege that SB 660 violates their First Amendment rights. The law, which applies to churches, religious schools, faith-based pregnancy care centers, and religious nonprofits, requires them to “undermine their own beliefs about abortion, contraception, and sexual morality by forcing them to employ those who cannot effectively convey the groups’ message because they refuse to abide by the organizations’ statements of faith and core principles about such issues.”
This means that, under SB 660, a pro-life pregnancy resource center would be required to hire a pro-abortion advocate who has had multiple abortions. Churches who are deeply pro-life could be required to hire employees who are pro-abortion. And the list goes on.
After a five year long legal battle, a three-judge panel on the 2nd Circuit ruled unanimously in favor of the organizations.
The 43-page opinion was authored by Judge Sarah Merriam, who was nominated to the court by President Joe Biden. She was joined by judges Myrna Pérez and Barrington D. Parker Jr., nominees of President Biden and George W. Bush, respectively.
“Our nation has long respected the rights of religious organizations to associate with like-minded believers, and the court’s decision rightly reinstates our clients’ claim seeking to affirm that this right protects employment practices affecting the groups’ mission,” said ADF Senior Counsel Kevin Theriot.
It’s a great victory that the 2nd Circuit decided in favor of the religious organizations. However, the case demonstrates the continuing assault from legislatures and agencies against the First Amendment freedoms of religious organizations.
Indeed, New York has been on a crusade against pro-life supporters and organizations in recent years. In 2019, then-Governor Andrew Cuomo signed an expansive pro-abortion law essentially legalizing abortion up until the moment of birth. To celebrate, the governor ordered the One World Trade Center’s 408-foot spire, the Kosciuszko Bridge and the Alfred E. Smith Building to be lit up in pink.
It was this egregious law that first inspired us at Focus on the Family to broadcast a live ultrasound from Times Square – showing the world the value of preborn life.
Last year, far-left Attorney General Letitia James sued multiple pro-life pregnancy resource centers in the state for informing their clients about the possibility of reversing the abortion pill. Once again, these organizations had to go to court to defend their free speech rights.
There’s been much bad law and policy coming from New York in recent years. Importantly, as Christians we know that the battle in defense of life, religious freedom and free speech is just as much a spiritual battle as it is a political one.
As we read in Ephesians 6:12,
“For we do not wrestle against flesh and blood, but against the rulers, against the authorities, against the cosmic powers over this present darkness, against the spiritual forces of evil in the heavenly places.”
Please pray for a return to common sense and sanity in the Empire State. And if you live in New York, vote for such a return in future elections – or consider running for office yourself.
The case is CompassCare v. Kathy Hochul.
Related articles and resources:
New York Law Requires Religious Employers to Condone Abortion, Violate Their Deeply Held Beliefs
Photo from Alliance Defending Freedom.
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