AJC Hails Court of Appeals Decision Upholding Contraceptive Equity Law
October 19, 2006 - New York - The American Jewish Committee hailed today's decision by the New York Court of Appeals, the state's highest court, to uphold the constitutionality of the New York Women's Health and Wellness Act, known as the "contraceptive equity law." "The court's decision affirms that women's equality and free exercise of religion are compatible concerns, and the existing law adequately protects both," said Jeffrey Sinensky, AJC's General Counsel. "The New York law shows that states can address compelling societal needs, such as contraceptive equity, while at the same time limiting any undue burdens on free exercise of religion." AJC's views were expressed in an amicus brief, filed with a coalition of civil rights, religious and women's groups, in the case of Catholic Charities of the Diocese of Albany v. Serio. The New York law mandates that employers offering health insurance coverage for prescription drugs must include FDA-approved prescription contraceptives. Religious employers, such as churches, are eligible for exemption from this requirement if their primary purpose is the inculcation of religious values, their employees share the same religious beliefs, and they mostly serve people who share the same religious tenets. Catholic Charities, which operates as a secular social services provider independent of the church, does not qualify for the exemption, and claimed that the law violates its constitutional right to religious free exercise. AJC and the coalition filing the amicus brief did not agree. AJC has long advocated for women's equality in the workplace and for reproductive rights through amicus briefs and legislative activity. At the same time, AJC has been a vocal supporter of reasonable accommodation of religious freedom in the workplace and the general right to free religious exercise.
Ari M. Gordon Program Associate, Intergroup Affairs The American Jewish Committee 165 E56th St. New York, NY 10022 (212) 751-4000 x266