Roman Catholic Diocese of Albany v. Vullo

Overview

(New York Court of Appeals, May 21, 2024): The New York Court of Appeals upheld a mandate for insurance coverage of medically necessary abortions, holding that the mandate does not violate the Free Exercise Clause because its “religious employer” exemption was generally applicable. Plaintiffs had challenged the religious employer exemption as too narrow, violating the First Amendment rights of some religious employers who did not meet exemption criteria. This case was initially dismissed because it was substantially similar to Catholic Charities of Dioces of Albany v. Serio, which held that a requirement for insurance to cover contraception did not violate the Free Exercise Clause because it was “neutral and generally applicable.” The Court vacated its dismissal after the U.S. Supreme Court decied Fulton v. Philadelphia, which focused solely on “general applicability,” to evaluate whether Fulton had changed the controlling precedent for Free Exercise claims. The Vullo Court held that the insurance mandate is still “generally applicable” under Fulton because its determination of “religious employer” status relies on enumerated factors and objective criteria, rather than individual discretion. In addition, the Court held that the insurance mandate did not treat secular conduct more favorably than religious conduct. After establishing that the insurance mandate qualified as “generally applicable,” the Court declined to apply strict scrutiny and affirmed the Appellate Division’s dismissal of the case. Read the full opinion here.

View all cases in the Judicial Trends in Public Health – August 15, 2024.

View all cases under “Reproductive Liberties and Care Access.”