Roman Catholic Diocese of Albany v. Emami
The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Appellate Division, Supreme Court of New York, Third Judicial Department for further consideration in light of Fulton v. Philadelphia, on Nov. 1, 2021.
Issue
(1) Whether New York"s regulation mandating that employer health insurance plans cover abortions, which burdens a subset of religious organizations by forcing them to cover abortions, is "neutral" and "generally applicable" under Employment Division v. Smith and Church of the Lukumi Babalu Aye Inc. v. City of Hialeah; (2) whether New York"s mandate interferes with the autonomy of religious entities, in violation of the religion clauses of the First Amendment; and (3) whether " if, under the rule announced in Smith, the free exercise clause of the First Amendment allows states to demand that religious entities opposing abortions subsidize them " Smith should be overruled.
Recommended Citation: Roman Catholic Diocese of Albany v. Emami, SCOTUSblog, https://www.scotusblog.com/cases/roman-catholic-diocese-of-albany-v-lacewell/