A federal court of appeals has reversed a lower court ruling that protected a New York state labor law that prohibits pro-life pregnancy resource centers from only hiring pro-life employees.
Earlier this week, a panel of three judges of the U.S. Court of Appeals for the Second Circuit ruled the lower court was wrong in dismissing Evergreen Association, Inc.'s First Amendment claim that the so-called 2019 "Boss Bill" law forced the nonprofit to employ people who have had abortions or support abortion.
"Evergreen's beliefs about the morality of abortion are its defining values; forcing it to accept as members those who engage in or approve of that conduct would cause the group as it currently identifies itself to cease to exist," Circuit Judge Steven Menashi wrote in the 28-page decision.
The case will now go to the U.S. District Court for the Northern District of New York for further proceedings.
Evergreen is represented by the Thomas More Society, a national not-for-profit law firm.
"A counselor who espouses pro-life values, but did not regret having had an abortion or would opt to have an abortion in the future would undercut Evergreen's message," Thomas More Society Special Counsel Timothy Belz said in a statement. "Evergreen's constitutional right to expressive association allows it to determine that its pro-life views can be conveyed only by those who completely support and affirm the organization's mission, in both word and deed."
Evergreen operates maternal health...
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