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The Supreme Court refused to hear an appeal seeking to nullify a New York law, upheld by state courts, that requires Catholic Charities to provide contraception to women as part of health coverage requirements. I think this point is especially important, and often distorted when debates on the subject come up (the question of whether Catholic hospitals should provide EC to rape victims being another example):
The New York law contains an exemption for churches, seminaries and other institutions with a mainly religious mission that primarily serve followers of that religion. Catholic Charities and the other groups sought the exemption, but they hire and serve people of different faiths.New York's highest court ruled last year that the groups had to comply with the law. The 6-0 decision by the state Court of Appeals hinged on the determination that the groups are essentially social service agencies, not churches.This distinction gets things exactly right. It is appropriate to exempt churches qua churches from some neutral laws and civil rights protections. Nominally religious organizations that hire people of different faiths, serve people of different faiths, and perform secular services with taxpayer subsidies and/or tax breaks should comply with generally applicable statutes except in rare cases when they are specifically targeted at religious groups. --Scott Lemieux
