New York backs off trying to force religious groups to pay for abortion after Supreme Court order

Jan 21, 2026 / 13:33 pm

A coalition of religious groups that includes an order of Protestant nuns and two Catholic dioceses scored a major victory after the state of New York backed off trying to force the groups to cover abortion in their health insurance plans.

The state government in a Jan. 16 agreement agreed to drop its efforts to force abortion coverage onto the dioceses of Ogdensburg and Albany, along with two Catholic Charities groups and numerous other religious plaintiffs.

The concession came months after the U.S. Supreme Court ordered the state court of appeals to review the long-running case in light of a major religious liberty victory at the high court in June 2025.

That victory, Catholic Charities Bureau v. Wisconsin Labor and Industry Review, saw the Supreme Court unanimously affirm that the U.S. Constitution “ mandates government neutrality between religions” and that states may not impose unlawful “denominational preferences” between religious organizations.

In the Wisconsin case, the state had attempted to argue that a Catholic charity’s undertakings were not “primarily” religious and that the group thus did not qualify for a tax exemption. The New York government had adopted a similar argument, exempting religious groups from the abortion mandate only if they primarily employ members of their own faith.

In a press release celebrating the New York victory, the Becket Fund for Religious Liberty — which represented the religious groups in their fight against the mandate — described the state’s effort as a “disgraceful campaign.”

“This victory confirms that the government cannot punish religious ministries for living out their faith by serving everyone,” attorney Lori Windham said.

In addition to the Protestant nuns and the Catholic groups, the plaintiffs included a Lutheran church, a Baptist church, and a Teresian nursing home.

The nuns, a contemplative order called the Sisters of St. Mary, are known for raising Cashmere goats at their cloister in Greenwich, New York.

Their sponsorship of a 4-H club and their leasing of the goats to local youth led the state to deny them the exemption to the abortion mandate, according to Becket. The religious exemption, Becket had argued, was “so narrow” that “Jesus himself would not qualify for it.”