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View Diary: Dear Mr. Matthews: (264 comments)

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  •  Court Challenges failed in NY and CA (18+ / 0-)

    Both New York and California have laws that mandate contraception coverage and that do not exempt institutions like hospitals and universities.

    The Church made the same argument when Pataki signed the law in 2002:

    When news broke of the compromise, the state's Catholic Conference announced that it might challenge the new law in court, describing it as an attack on the Catholic Church and a violation of First Amendment principles. In particular, the conference lamented the fact that the law's exemption would not apply to Catholic hospitals, nursing homes, schools and charitable agencies. In 2001, a state appeals court ruled against a challenge to California's exemption, finding that the state had a right not only to define the exempt group as it chose but also to have passed a law without any exemption. The case is currently before California's supreme court.

    Both the New York and the California laws were challenged in court:

    On October 1, 2007, the U.S. Supreme Court turned down a request to review a New York state court decision that requires insurance companies to include contraceptive coverage in drug benefit packages. The request to review the decision was made by Catholic Charities of the Diocese of Albany and eight other New York-based Catholic and Baptist organizations.
    The ruling follows a similar decision in 2004 by the California Supreme Court, which rejected a challenge to a nearly identical state statute. In that case, Catholic Charities of California was also denied a hearing before the Supreme Court.2 The Supreme Court’s decision to not hear the case leaves the law in effect.

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