According to California's health care department, elective abortions constitute "basic health care" and are on an equal footing with all other maternity services. Its August 2014 letter claimed the mandate is supported by California law.
A 1975 state health care law and the California constitution, it said, prohibits health plans "from discriminating against women who choose to terminate a pregnancy."
"Thus, all health plans must treat maternity services and legal abortion neutrally," the letter stated.
Garlow said he disagrees with the state's definition of health care.
"The Department of Managed Health Care believes providing elective abortions is part of basic health care. They couldn't be further from the truth," Garlow said.
"When my wife battled cancer, her treatments were legitimate and necessary for health care. Violently ripping an innocent child from its mother's womb is not health care – but the exact opposite," he said.
"Killing innocent life is destructive and can never be considered a health benefit," Garlow emphasized.
The health care department established the mandate without any public comment or notice, the process normally required by California law.
Erik Stanley, senior counsel with Alliance Defending Freedom, represents Skyline Wesleyan Church in the lawsuit. He charged that the department avoided this process because it knew it would not get public approval if it followed legal protocol.
"The department went about this the wrong way and did not use the proper public regulation process," Stanley told CNA. "They rammed this through because they knew there would be public outcry – especially among religious organizations and churches."
Stanley charged that the action is government overreach that threatens the religious integrity of churches.
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"The government has no business requiring churches to go against their sincerely held beliefs and participate in the killing of innocent human life by providing elective abortion in their health insurance plans," he said.
"Not only is this unprecedented, it is unconstitutional and goes against California law," Stanley said.
Alliance Defending Freedom also represents three other California churches in a similar federal lawsuit filed last year.
Skyline Wesleyan Church is standing by Garlow and the lawsuit. William Gifley, senior vice chairman of the board for the church for the past 13 years, said there is a lot at stake.
"The basic fundamental right to freely exercise our faith and our religion is at stake," Gifley told CNA. "This is a violation of the religious freedom of churches."
"It is unconscionable for the government to presume to tell people of faith and churches how their insurance dollars should be spent," he said.