“When New York created this abortion mandate, it said it would protect religious groups,” said Lori Windham, a religious liberty attorney. “But religious ministries that serve all people, regardless of faith, were left out. Not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for New York’s stingy definition of religious freedom.”
The original New York law included only a narrow exemption, applying solely to religious organizations that primarily employ and serve individuals of the same faith. As a result, ministries that offer food, housing, and other essential services to the broader public—including people of different faiths or no faith—were left without protection under the mandate.
In 2021, the Supreme Court had already asked New York courts to reconsider the mandate in light of Fulton v. Philadelphia, which held that the government cannot impose burdens on religious exercise unless it passes the highest level of constitutional scrutiny. But state judges refused to reverse their position, setting the stage for this second, more forceful rebuke from the nation’s highest court.
Monday’s order makes clear that New York courts must now apply strict scrutiny, requiring the state to demonstrate that the abortion mandate serves a compelling interest and is narrowly tailored to achieve that goal without violating religious freedom. This aligns with the Court’s recent ruling in the Wisconsin case, where justices emphasized that the government cannot favor certain religious expressions while penalizing others.
“For the second time, the Supreme Court has kept alive efforts by nuns and religious organizations to serve all those in need, without being forced into paying for abortions,” Windham posted on X. “It’s time for New York to take the hint.”
