In Illinois Baptist State Association v. Department of Insurance, (IL App., Oct. 1, 2025), an Illinois state appellate court held that a requirement imposed by the Illinois Department of Insurance that all health insurance policies regulated by it must cover abortion care does not infringe a Baptist organization's rights under the Illinois Religious Freedom Restoration Act. The court said in part:
First, the Association is not legally required to provide its employees with health insurance. Second, the State will not assess any kind of monetary tax or penalty on the Association if it does not provide abortion insurance coverage to its employees. Third, if the Association decides to provide its employees with health insurance, it is not required by law to purchase a health insurance plan regulated by the Department. In other words, the Association is free to purchase health insurance, either out of state or through a self-funded or level-funded in-state plan, that does not include coverage for abortions without having to pay any kind of penalty or tax to the State....
This is not a situation where the Association could not find an affordable insurance policy. Based on the facts before us, we need not determine whether the lack of an affordable option could result in a different outcome....
Justice Steigmann filed a concurring opinion.
