Slattery, et al. v. Cuomo

Overview

Slattery, et al. v. Cuomo (U.S. District Court, District of New York, March 31, 2021): The federal district court dismissed claims brought by the owner of several anti-abortion pregnancy crisis centers challenging a New York statute that prohibits employers from taking negative employment action against employees because of their reproductive health decisions, including using birth control or having an abortion. The plaintiff requires that all employees abide by certain moral standards, including not having an abortion and not engaging in sex outside of marriage. The plaintiff contended that the statute violates his First Amendment rights to free speech, exercise of religion, and association, and is unconstitutionally vague. In upholding the statute, the court found that the statute: (1) is neutral and does not target or interfere with religious exercise; (2) regulates conduct and not speech; (3) has a rational basis for the minor associational restriction (if any); and (4) clearly establishes the prohibited conduct and consequences for violations and thus is not vague. The plaintiffs have appealed to the U.S. Court of Appeals for the 2nd Circuit. Read the full decision here.

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