A U.S. appeals court has breathed new life into a significant legal challenge to New York’s 2019 law prohibiting retaliation against employees who receive abortions. On Thursday, the 2nd U.S. Circuit Court of Appeals ruled unanimously, directing a lower court judge to reconsider his dismissal of a lawsuit brought by CompassCare, a crisis pregnancy center, and other plaintiffs. The case addresses potential constitutional violations of religious employers’ rights, particularly concerning the law’s impact on their ability to associate freely with employees who may make decisions counter to their mission.
At the heart of the lawsuit is the claim that the law’s provisions could force religious organizations to hire or retain employees whose actions, specifically seeking abortions, contradict the organizations’ core religious values. The appeal revives claims that the 2019 law may infringe on the First Amendment’s protections for freedom of association.
The law, which was enacted in 2019, makes it illegal for employers to discriminate or retaliate against workers based on their “reproductive health decision making.” It also mandates that employers include a notice in their handbooks informing employees of their rights under this law. In the original suit, CompassCare and other plaintiffs argued that the law forces them to associate with individuals whose personal choices run counter to their religious beliefs, violating their First Amendment rights.
The 2nd Circuit’s decision follows a similar case last year in which the court ruled in favor of a different pregnancy crisis center operator, acknowledging that the First Amendment’s right to freedom of association shields employers from being compelled to hire individuals who could undermine the organization’s core religious mission.
The court’s Thursday ruling in CompassCare v. Hochul requires U.S. District Judge Thomas McAvoy in Binghamton, New York, to reconsider whether the plaintiffs, including CompassCare, National Institute of Family and Life Advocates, and a Baptist church near Rochester, can prove that the law unduly burdens their associational rights. This is a significant step for religious organizations challenging state laws that they believe infringe upon their constitutional freedoms.
Kevin Theriot, senior counsel at Alliance Defending Freedom, the conservative Christian legal organization representing the plaintiffs, called the decision a major win for religious freedom. “Religious employers should have the right to hire individuals who share their core beliefs, and the government cannot force faith-based organizations to act in a way that contradicts those deeply held convictions,” Theriot said.
The 2019 law has sparked significant debate, particularly among religious employers. While the law’s proponents argue that it protects workers from discrimination and ensures workplace fairness, critics contend that it infringes on the right of religious organizations to operate according to their faith-based principles. The outcome of this case could have far-reaching consequences, particularly for religious-based institutions and employers in New York and potentially across the nation.
Although the court revived the plaintiffs’ challenge to the law’s effect on their associational rights, it upheld the law’s requirement that employers provide notices about reproductive health rights in employee handbooks. The court ruled that this notice does not compel employers to endorse the law or its policies; it merely requires them to inform employees of the law’s existence.
The case now returns to the lower court, where Judge McAvoy must reevaluate whether the plaintiffs can substantiate their claims that the law violates their First Amendment rights. The ultimate outcome could determine the future of the law’s application and its potential for broader implications regarding religious freedom and employee rights.
The state of New York, represented by Assistant Solicitor General Laura Etlinger, did not immediately respond to requests for comment following the ruling.
Alliance Defending Freedom (ADF) is a conservative Christian legal advocacy organization committed to protecting religious freedom, free speech, and the sanctity of life. ADF has been actively involved in challenging laws that it believes infringe upon these fundamental rights.
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