By Dave Andrusko
On Monday North Dakota-based U.S. District Judge Daniel Traynor issued a preliminary injunction sought by the Colorado-based Catholic Benefits Association and the Catholic Diocese of Bismarck, North Dakota. Representing more than 8,000 employers, the plaintiffs sued the Equal Employment Opportunity Commission (EEOC) for regulations it announced in April.
Judge Traynor came to his decision after concluding that the plaintiffs were likely to prevail because the new requirements “force individuals to violate sincerely held religious beliefs.”
The plaintiffs argued that the rule violated protections for religious freedom under the U.S. Constitution’s First Amendment and the Religious Freedom Restoration Act.
“Given the profound moral issues the EEOC has created by its mandates, the members of the Catholic Benefits Association are grateful to have their religious rights vindicated by this order,” said Martin Nussbaum, a lawyer for the plaintiffs.
Background: In June 2023, the Pregnant Workers Fairness Act (PWFA) took effect after passing with wide bi-partisan support. The PWFA was enacted to fill a significant gap in regards to accommodating pregnant women — one to ensure a woman could both continue working with modification and maintain a healthy pregnancy.
The legislation contained explicit abortion-related language ensuring the bill could not be used as a back door tool to require employers to pay for abortion.
On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) published a proposed rule to implement the PWFA. However, in an act of blatant overreach, the proposal used the PWFA to establish a nationwide requirement that employers with 15 or more employees make “reasonable accommodation” to enable employees to obtain elective abortion, including providing paid or unpaid leave. This mandate also applies to employers in states with protective pro-life laws.
On April 19, 2024, the EEOC finalized its abortion-expanding rule. On April 26, 2024, 17 state attorneys general took action, suing the EEOC. Tennessee Attorney General Jonathan Skrmetti, said in a statement, “If the EEOC’s rule stands, the State of Tennessee, the co-plaintiff States, and countless employers will be forced to allocate resources to support elective abortions or face federal liability—even in states that have lawfully chosen to restrict elective abortions.”
Judge Traynor began his opinion by saying it was a “precarious time for people of religious faith in America,” Brendan Pierson reported for Reuters. “The judge castigated Biden’s administration for ‘repeated illegal and unconstitutional administrative actions’ that he said restricted freedom of religion.”