birth control victory for female church employees . . .

http://www.nydailynews.com/front/story/463563p-389957c.html

Ruling's a bitter pill for church
BY JOE MAHONEY
DAILY NEWS ALBANY BUREAU CHIEF

ALBANY - Even if they believe contraception is "sinful," religious social service organizations must provide female employees with birth control coverage in their health insurance, the state's highest court unanimously ruled yesterday.

The decision by the Court of Appeals was a setback for Edward Cardinal Egan and other Catholic leaders, who contend the required coverage imposes unconstitutional burdens on Catholic groups opposed to artificial birth control.

A spokesman for the state Catholic Conference said the bishops may appeal the ruling to the U.S. Supreme Court.

"We believe that forcing Catholic institutions to provide contraceptive coverage and to pay for it is a violation of our religious liberty," said Dennis Poust of the Catholic Conference.

The court noted that Catholic Charities and the other religious organizations view birth control as "sinful," but said the state has a "substantial interest in fostering equality between the sexes and in providing women with better health care."

The court also shot down the Catholic groups' contention that the organizations ought to be exempt from the 2002 requirements because they are "religious employers."

Instead, the court noted that while the groups are affiliated with the church, they function as social service agencies and often employ non-Catholic workers.

NARAL Pro Choice New York and Family Planning Advocates of New York State praised the ruling.

"No employer should be able to force their beliefs upon their employees, especially given that 97% of Catholics report using birth control" said NARAL leader Kelli Conlin.

The Women's Health Wellness Act does exempt churches and institutions with a religious mission from the insurance coverage requirements.

Originally published on October 20, 2006