Summary of facts: In 2017, New York State mandated that employers cover abortions in their employee health insurance plans. Following the order, the Diocese of Albany and other religious institutions sued in state court on the ground that the regulation would force them to violate their religious beliefs about the sanctity of life. The state court ruled against the diocese, which appealed to the U.S. Supreme Court. The High Court then remanded the case to the state court for reconsideration in light of its seminal decision in Fulton v. City of Philadelphia. RFI filed an amicus brief at that stage. The state court again upheld the abortion mandate, so the diocese is seeking another review in the U.S. Supreme Court.

RFI position: When Employment Division v. Smith abandoned constitutionally required exemptions to generally applicable laws, it abandoned the mission of providing equal protection to the religious liberty of minority faith communities. Smith should be overruled.

Read the amicus brief here.