Legal Issue(s): NA
Case Description
Cedar Park, a church in the Seattle area, holds that the sanctity of life—especially unborn children—is sacred. It therefore cannot cover the cost of abortion under its insurance plan. Normally, this would not be in question under the Little Sisters of the Poor Supreme Court decision protecting such faith-based organizations from being coerced into paying to support abortion through insurance premiums.
Washington state’s SB 6219, however, forces Cedar Park to make a choice. It must act in a manner that would violate the tenets of its faith: purchasing a health plan that all parties agree triggers coverage for abortion services (even if not directly covered by premiums). Or it could stop providing health insurance for its employees, a decision that would also contradict its beliefs and expose it to hefty penalties. The conflict is one of Free Exercise on the merits.
The district court does not see it that way, ruling that the church lacks standing to challenge Washington state’s law providing access to abortion through insurance. The lower court also used the anemic Smith precedent to find that this law is “generally applicable” and doesn’t single out religious organizations.
The Center, along with our friends at the Becket Fund for Religious Liberty, urged an en banc rehearing to grant standing and argue the merits. The Ninth Circuit has jurisdiction over one in six Americans. This decision could deprive many churches of protection for their biblically informed conscience. Read our recently filed amicus brief here.
