New York Court of Appeals

Catholic Charities of the Diocese of Albany, Appellants v. Gregory v. Serio, as Superintendent of Insurance…

October 19, 20067 N.Y.3d 510

Summary

The New York Court of Appeals affirmed the lower courts, holding that the Women’s Health and Wellness Act’s requirement that health insurance policies covering prescription drugs also cover contraceptives is constitutional as applied to the plaintiff religious organizations. The court rejected the plaintiffs’ federal and state free‑exercise claims under the Smith doctrine and a balancing test with legislative deference, and also rejected the federal establishment‑clause claim.