Judge Allows 8,000+ Catholic Employers to Deny Worker Protections for Abortion

A federal judge has permitted over 8,000 Catholic employers across the United States to bypass certain government regulations aimed at safeguarding the rights of workers seeking abortions and fertility care.

In a decisive ruling, U.S. District Judge Daniel Traynor from Bismarck, North Dakota, issued a preliminary injunction, indicating that the Catholic Benefits Association and the Diocese of Bismarck are likely to succeed in demonstrating that a new regulation established by the Equal Employment Opportunity Commission (EEOC) in April infringes upon their religious freedoms. This regulation falls under the enforcement of the Pregnant Workers Fairness Act.

Judge Traynor prohibited the EEOC from compelling the diocese and the association to adhere to anti-harassment regulations designed to protect employees, emphasizing that compliance would require them to endorse views contrary to Catholic doctrine, particularly regarding abortion, fertility treatments, and gender transitions. The ruling notably affects transgender individuals who may face restrictions in expressing their gender identity.

In his statement, Traynor remarked on the challenges faced by religious individuals in the current socio-political climate in America, labeling this era as post-Christian. He highlighted what he sees as a troubling trend of administrative actions that unlawfully infringe upon the fundamental right to freely exercise religion.

The Pregnant Workers Fairness Act, which received broad bipartisan support when it passed in December 2022, was intended to support low-wage female workers who frequently encounter barriers in obtaining necessary accommodations for medical needs, which can include adjustments to work hours or duties. However, the controversy arose when the EEOC interpreted the act to mandate accommodations for a wide range of reproductive health issues, including but not limited to abortion, fertility treatments, and contraceptives. Despite a provision for religious exemptions, the directive mandates that these be evaluated on an individual basis.

The judge, appointed by former President Donald Trump, argued that the regulation coerces employers into making a choice between adhering to their sincerely held beliefs and complying with the law, thereby inflicting potential “irreparable” damage.

The lead attorney for the Catholic Benefits Association, Martin Nussbaum, described the ruling as a significant victory that honors the religious convictions of sincere Catholic employers.

In contrast, federal attorneys opposed the injunction, contending that the plaintiffs had not substantiated their claims as they could not identify any instances of enforcement actions or denied requests for accommodations. They asserted that the plaintiffs lacked legal standing to launch a challenge to the regulations, but Judge Traynor dismissed these arguments, stressing that constitutional rights should not require legal battles for protection.

This year’s political landscape has brought issues surrounding in vitro fertilization (IVF) into public view, particularly after a ruling from the Alabama Supreme Court equated frozen embryos to children, causing significant operational disruptions for major IVF providers in the state until new legislation was enacted. Recently, former President Trump proposed making IVF treatments free should he regain office, although he did not provide specifics on financing this initiative.

Critics have pointed out that the case indicates a wider assault on women’s rights and reproductive health freedoms. Inimai Chettiar, president of the legal advocacy organization A Better Balance, emphasized that neither the Pregnant Workers Fairness Act nor the related EEOC regulations mandate that employers cover the costs of abortions or IVF procedures; they merely require that employees are allowed time off for related needs.

The Diocese of Bismarck and the Catholic Benefits Association initiated the lawsuit in July. The association consists of 85 dioceses and archdioceses among its members, which collectively represent over 1,380 employers and 7,100 parishes nationwide, and they provide health insurance for approximately 162,000 employees.

Judge Traynor has notable associations with Catholic and conservative organizations, having served on the board of the North Dakota Catholic Conference and listing affiliations with the Federalist Society and the St. Thomas More Society of North Dakota. Earlier this year, he also prevented the government from enforcing regulations requiring a Christian employers’ organization to provide insurance for gender-transition services.

This ruling arrives on the heels of a similar decision rendered in July by a federal judge in Louisiana, which granted a preliminary injunction against similar challenges made by various Catholic groups. Although both cases are related, the North Dakota lawsuit additionally confronted issues surrounding fertility treatments, expanding the scope of the opposition to governmental regulations.

Critics, including Leila Abolfazli of the National Women’s Law Center, warn that this ruling could set a dangerous precedent, potentially undermining protections under the Pregnant Workers Fairness Act, particularly in cases where employees may not receive necessary time off for fertility treatments, which could significantly affect their chances of conception.

Concerns have also been expressed about a potential chilling effect stemming from this ruling, impacting the ability of pregnant workers to assert their rights under the law. Gillian Thomas of the ACLU Women’s Rights Project condemned the ruling, stating it poses a grave threat by enabling the invocation of religious beliefs to justify discrimination against civil rights.

Source: Associated Press