A U.S. appeals court ruled on Thursday that a lower court judge must reconsider his dismissal of a lawsuit filed by a pregnancy crisis center and other religious organizations challenging a New York law that prohibits retaliation against employees who receive abortions. The lawsuit, brought by CompassCare, a pregnancy crisis center operator, and other plaintiffs, argues that the law infringes on their First Amendment rights.
The unanimous decision by the 2nd U.S. Circuit Court of Appeals in Manhattan, consisting of a three-judge panel, allows the plaintiffs to proceed with their claims that the 2019 New York law is unconstitutional. The court stated that if the plaintiffs can demonstrate that the law threatens their core mission, the case should be reconsidered. Crisis pregnancy centers aim to provide services to pregnant women with the goal of preventing abortions.
In 2023, the same court had revived a similar challenge to the law, recognizing that the freedom of association guaranteed by the First Amendment may protect employers from being compelled to associate with workers whose actions undermine the organization’s fundamental mission. The court cited this decision in Thursday’s ruling, which requires U.S. District Judge Thomas McAvoy to reconsider whether the law violates the plaintiffs’ associational rights.
The 2019 law prohibits employers from discriminating against or retaliating against employees based on their reproductive health decisions, including whether they have had an abortion. The law also requires employers to include a notice in employee handbooks informing workers of their rights under the law. The plaintiffs argue that this requirement amounts to compelled speech, while the law’s broader impact forces them to associate with employees whose actions contradict their religious beliefs.
While the court allowed the plaintiffs’ claims to proceed, it upheld McAvoy’s 2020 decision blocking the enforcement of the notice requirement, finding it unlawful. However, the court reversed McAvoy’s dismissal of the associational claims, stating that the plaintiffs may be able to prove a constitutional violation, as the law might severely burden their rights.
Kevin Theriot, a representative for the plaintiffs from the conservative Christian group Alliance Defending Freedom, welcomed the ruling, stating that it would help protect the rights of religious organizations. He emphasized that religious employers should have the freedom to hire individuals who share their beliefs and should not be forced to contradict those convictions.
The case, CompassCare v. Hochul, is significant not only for its potential impact on religious organizations but also for the broader debate over the balance between reproductive rights and the First Amendment protections of religious freedom. The case continues to unfold, with further developments expected as it moves through the courts.
