NY High Court Hears Arguments On Requiring Insurance Coverage For Contraceptives

Yesterday, New York's highest court, the Court of Appeals, heard arguments in Catholic Charities of the Diocese of Albany v. Serio, a case challenging New York's Health and Wellness Act that requires employers' health insurance plans to cover contraceptives. Today's Albany Times Union reports on the "fast paced" arguments over whether the legislature can define narrowly what it means to be a religious employer. The statute exempts churches and religious schools from coverage, but not social service agencies or hospitals. (See prior posting.) The suit brought by Catholic Charities and two Baptist churches argues that the statute is unconstitutional, infringing plaintiffs' rights of speech, association and free exercise of religion. Sister Maureen Joyce, CEO of Catholic Charities in Albany, says: "We're not saying our employees can't use contraceptives. We're saying as an employer we should not be mandated by the state to provide contraceptive services."