Judge blocks Biden admin. from forcing Catholic employees to accomodate abortions, IVF
A federal judge has prevented the Biden administration from requiring Catholic employers to provide their employees time off for abortions and in-vitro fertilization treatments.
Judge Daniel Traynor in North Dakota ruled Monday that the Equal Employment Opportunity Commission cannot enforce the Pregnant Workers Fairness Act and Title VII of the Civil Rights Act of 1964 against the Roman Catholic Diocese of Bismarck and the Catholic Benefits Association "in a manner that would require them to accommodate abortion or infertility treatments that are contrary to the Catholic faith."
The ruling prevents the plaintiffs from having to "speak in favor of the same or refrain from speaking against the same." Monday's decision comes after the Equal Employment Opportunity Commission issued guidance last year interpreting the Pregnant Workers Fairness Act to require employers to provide "reasonable accommodations" for employees "having or choosing not to have an abortion."
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The executive branch agency also listed the "termination of pregnancy, including via miscarriage, stillbirth, or abortion" as examples of "pregnancy, childbirth, or related medical conditions" for which an employer must provide "reasonable accommodations."
The guidance identified "an employee who requests leave for [in-vitro fertilization] treatment for the worker to get pregnant" as an example of someone who has "a related medical condition" that must be accommodated by employers.
The Roman Catholic Diocese of Bismarck and the Catholic Benefits Association, a nonprofit supporting Catholic employers and advocating for religious freedom," filed a lawsuit against the EEOC and its chairwoman alleging that the guidance is unconstitutional.
Traynor, a Trump appointee, agreed that forcing plaintiffs to provide "reasonable accommodations" for employees seeking abortion and infertility treatments that counter the teachings of the Catholic Church constitutes a violation of their rights under the Religious Freedom Restoration Act. He issued a preliminary injunction preventing the enforcement of the EEOC guidance against the plaintiffs while litigation on the matter continues.
"This challenge to religious liberty is a reminder of the danger of government action that is clearly anti-religion," Traynor wrote. "It should not take a legal challenge for the Agency to stop violating the constitutional rights of Americans. Wisely, our founders provided a separate but equal branch to keep this lawlessness in check."
Traynor contends that the CBA has met the "burden to establish associational standing," stressing that its members "would be harmed by the implementation of the Final Rule and Enforcement Guidance."
"The CBA is likely to succeed on the merits of the RFRA violation claim because the law forces members to choose between expressing sincerely held beliefs and compliance," the judge stated.
"This harm is irreparable and upholding Constitutional rights always weighs in favor of the public interest and an injunction," he concluded. "The Agency should have known it would not be allowed to force individuals to violate sincerely held religious beliefs."
Monday's ruling from Traynor is not the first time the judicial branch has sided against the EEOC in its attempt to require employers to provide their employees with accommodations so they can have abortions.
A June court ruling from Trump-appointed Judge David Joseph of the Western District of Louisiana prevented the Biden administration from enforcing the provision of its interpretation of the Pregnant Workers Fairness Act related to abortion against the U.S. Conference of Catholic Bishops, Catholic University of America, the Roman Catholic Dioceses of Lafayette and Lake Charles as well as the states of Louisiana and Mississippi.
Ryan Foley is a reporter for The Christian Post. He can be reached at: ryan.foley@christianpost.com
