A federal appeals court has issued a shocking opinion forcing a church in Washington state to fund abortions.
A Seattle-area church has sued to stop a Washington state law that forces churches to fund abortions in their health care plans. Cedar Park Assembly of God challenged the Washington state law that requires nearly all health plans to cover abortion.
Alliance Defending Freedom attorneys fought in court for the church after a lower court ruled that the church must violate its constitutionally protected, pro-life religious beliefs and abide by the state’s mandate that most Washington employers provide abortion coverage for employees. The church’s appeal to the 9th Circuit drew support from dozens of conservative organizations, including 18 U.S. states led by South Carolina.
However, in a 2-1 ruling, the 9th Circuit Court of Appeals rejected the church’s bid to void the state law or at least carve out a religious exemption from having to fund abortions.
In a 2-1 decision, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the Cedar Park Assembly of God lacked the necessary standing to challenge the state’s Reproductive Parity Act.
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Circuit Judge Susan Graber wrote for the court and said that Washington’s conscientious objection statute, which excuses payment for coverage of services “for reason of conscience or religion,” exempted the church from the Parity Act. Graber said that law had no bearing on the church’s ability to find plans that excluded abortion coverage.
But that’s easier said than done as most states have few affordable coverage options and most if not all plans pay for abortions.
Circuit Judge Consuelo Callahan dissented, saying the church faced a “Catch-22” between choosing a health plan that covers abortions, violating its free exercise rights or canceling its health plan, violating federal and state law.
“The majority’s ruling is shocking,” said Rory Gray, senior counsel with Alliance Defending Freedom, which represented the church. “We’ll be considering our legal options to keep this important case going because no church should be forced to fund abortions.”
Kristen Waggoner of ADF also condemned the ruling and said it was absurd that the court said the church had no standing in a case in which the law directly adversely affects it.
“The 9th Circuit is way out on a limb here. Every other court to consider a similar case in the past—from district courts to the U.S. Supreme Court and even the 9th Circuit itself (as the dissenting judge noted)—has granted standing,” she said on X. “To reach its conclusion, the 9th Circuit argued that forcing employers to pay for abortion coverage doesn’t really harm their conscience . . . because employees can spend their paychecks on things that an employer doesn’t like anyway. (Hint: the difference lies in whose money it is!)”
Waggoner confirmed ADF will appeal the ruling to the full appeals court.
“Churches should never be forced to fund abortion. And they should always have the option to challenge such unjust laws in court,” she concluded.
