NY Appellate Court Rejects Challenge To Required Contraceptive Coverage

Yesterday, a New York appellate court upheld against constitutional attack a provision in the state's Women's Health and Wellness Act that requires employers who offer their employees prescription drug coverage to include coverage for prescription contraceptive drugs and devices. The statute contains an exemption for religious employers such as churches and schools that inculcate religious values and primarily employ persons who share the organization's religious tenets. But the exemption would not cover religiously affiliated social service organizations or hospitals. By a 3-2 decision, the court in Catholic Charities of the Diocese of Albany v. Serio (Dec. 12, 2005) rejected free exercise, establishment clause and free speech challenges by Catholic and Baptist groups. However, the dissenters argued that the provision violated both the U.S. and New York state constitution. Today's New York Law Journal summarizes the decision and points out that a far broader "conscience clause" was specifically rejected by the New York Legislature when the controversial bill was enacted in 2002.