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The US Court of Appeals says the church had no litigation position
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Seattle Regional Church says religious rights have been violated
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The church’s representative lawyer calls the decision “shocking.”
Jonathan Stempel
March 6 – A US Court of Appeals split on Thursday rejected a suburban Seattle Church’s bid to override Washington’s law, which calls for an insurance company that provides birth coverage in its employee health plan.
In its 2-1 decision, the San Francisco-based Ninth Circuit Court of Appeals ruled that the Cedar Park Assembly of God in Kirkland lacked the necessary position to challenge the state’s reproductive parity laws as some insurers still offer a group plan to exclude coverage for abortion services.
The Pentecostal Church argued that the 2018 law violated the right to free religious exercise under the first amendment to the US Constitution.
He sued in 2019 when healthcare company Kaiser Permanente began requesting abortion compensation in the group plan.
The church’s appeal to the 9th Circuit has attracted support from dozens of conservative entities, including 18 US, led by South Carolina.
Circuit Judge Susan Glover wrote that excuses for the majority on Thursday to pay compensation for services “for reasons of conscience or religion” exempt the church from the parity law. Graber said the law has nothing to do with plans to find plans that exclude abortion compensation, or the ability to find plans that it can afford.
Graber also rejected the church’s claim as speculation because the insurance company could raise premiums to cover abortion services, or because its employees could use those services despite their objections.
Circuit Judge Consuelo Callahan disagreed, saying the church chose a health plan that covers abortions and either violated free movement rights or canceled its health plan and violated federal law.
“The majority ruling is shocking,” said Rory Gray, a senior adviser who defends the freedom of the alliance that represents the church. “We consider legal options to maintain this important case, as churches should not be forced to fund abortions.”
Washington Attorney General General General Nick Brown praised the court’s “thoughtful consideration,” a spokesman said.
God’s Cedar Park Assembly is located in Botel, Washington, about six miles north of Kirkland.
A judge in Seattle’s lower court dismissed the case in July 2023, denying the church’s first amendment assignment. Thursday’s decision did not reach constitutional issues, but ordered fire because of lack of status.
Glover and other members of Thursday’s majority, Circuit Judge Lucy Coe, are the appointees of Democrats Bill Clinton and Joe Biden, respectively. Callahan was appointed by Republican President George W. Bush.
The cases are Washington v Cleidler, Cedar Park Assembly of God in Kirkland, 9th U.S. Circuit Court of Appeals, 23-35560 and 23-35585.
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