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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Catholic Charities of the Diocese of Albany v. Serio
Citation:
859 N.E.2d 459 (N.Y. 2006)Facts
The New York Legislature enacted the Women’s Health and Wellness Act in 2002 to address gender disparities in healthcare costs and improve women’s health. The Act required health insurance policies covering prescription drugs to include contraceptive coverage. The Legislature included a narrow religious employer exemption for entities whose primary purpose is inculcating religious values and that primarily employ and serve persons sharing their religious tenets. Ten faith-based organizations—eight affiliated with the Roman Catholic Church and two with the Baptist Bible Fellowship—challenged the mandate. These organizations operate social services, healthcare facilities, and schools serving the general public. None qualified for the religious employer exemption because they serve and employ people of various faiths and their purposes extend beyond religious inculcation. The organizations sincerely believe contraception is sinful and argued the mandate compelled them to violate their religious tenets.
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