Attorney General Alan Wilson from South Carolina spearheaded an alliance of 18 states in advocating for religious freedom. This initiative involved filing a friend-of-the-court brief concerning a case where a church in Washington state was compelled to offer health insurance that includes abortion services to its employees. The coalition argues that the First Amendment safeguards the autonomy of religious institutions, particularly regarding internal decisions crucial to their mission.
Wilson emphasized, "Churches should not be forced by the government to do something that goes against their core beliefs, like providing healthcare coverage for abortions." He added, "This violates the church’s First Amendment rights, and when the First Amendment and religious liberty are being threatened, we’re going to fight back."
The legislation under dispute, SB 6219, mandates that all non-exempt employers in Washington, who fall under the Affordable Care Act, provide insurance covering abortions. The legal document states that, “Cedar Park Assembly of God was once able to provide health insurance coverage to its employees in a manner consistent with its core convictions. Now it cannot, after the passage of Washington’s so-called Reproductive Parity Act. That’s because the Parity Act mandates that Cedar Park’s health plan provide coverage to permit the abortion of a pregnancy.”
The coalition of attorneys general also stated, "[This church], like other religious institutions, enjoys First Amendment protections that grant the church autonomy with respect to internal management decisions that are essential to the institution’s central mission. The Parity Act violates Cedar Park’s religious autonomy. Yet Cedar Park’s protestations to that effect were barely acknowledged by the district court. And its argument wasn’t even considered or addressed by a panel of this Court.”
Previously, a District Court upheld the Washington state law, which the church deemed unconstitutional, ruling against religious freedom. The church subsequently appealed to a three-judge panel of the U.S. Court of Appeals for the 9th Circuit, which ruled 2-1 that the church lacked standing to sue. The church has now requested an eleven-judge panel in the 9th Circuit to hear its case.
The brief, guided by Attorney General Wilson, includes support from attorneys general of Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Dakota, Texas, Utah, Virginia, and West Virginia. The brief is accessible for public reading.