By Jonathan Stempel
(Reuters) -A divided U.S. appeals court on Thursday rejected a suburban Seattle church’s bid to void a Washington state law requiring insurers that offer maternity coverage in employee health plans to also cover abortions.
In a 2-1 decision, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the Cedar Park Assembly of God of Kirkland lacked the necessary standing to challenge the state’s Reproductive Parity Act because some insurers still offer group plans that exclude coverage for abortion services.
The Pentecostal church argued that the 2018 law violated its right to the free exercise of religion under the U.S. Constitution’s First Amendment.
It sued in 2019 when healthcare company Kaiser Permanente began requiring abortion coverage in its group plan, which the church said it still holds because it could not find an affordable replacement.
The church’s appeal to the 9th Circuit drew support from dozens of conservative entities, including 18 U.S. states led by South Carolina.
Circuit Judge Susan Graber wrote for Thursday’s majority that Washington’s conscientious objection statute, which excuses payment for coverage of services “for reason of conscience or religion,” exempted the church from the Parity Act. Graber said that law had no bearing on the church’s ability to find plans, or plans it could afford, that excluded abortion coverage.
Graber also rejected as speculative the church’s claims that it faced harm because insurers might raise premiums to cover abortion services, or its employees might use those services despite its objections.
Circuit Judge Consuelo Callahan dissented, saying the church faced a “Catch-22” between choosing a health plan that covers abortions, violating its free exercise rights or canceling its health plan, violating federal and state law.
“The majority’s ruling is shocking,” said Rory Gray, senior counsel with Alliance Defending Freedom, which represented the church. “We’ll be considering our legal options to keep this important case going because no church should be forced to fund abortions.”
The office of Washington Attorney General Nick Brown appreciated the court’s “thoughtful consideration,” a spokesperson said.
Cedar Park Assembly of God is located in Bothell, Washington, about six miles (10 km) north of Kirkland.
A lower court judge in Seattle had in July 2023 dismissed the case, rejecting the church’s First Amendment challenge. Thursday’s decision did not reach the constitutional question, but ordered a dismissal for lack of standing.
Graber and the other member of Thursday’s majority, Circuit Judge Lucy Koh, are appointees of Democratic Presidents Bill Clinton and Joe Biden, respectively. Callahan was appointed by Republican President George W. Bush.
The case is Cedar Park Assembly of God of Kirkland, Washington v Kreidler, 9th U.S. Circuit Court of Appeals, Nos. 23-35560 and 23-35585.
(Reporting by Jonathan Stempel in New York; Editing by Will Dunham)
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