CompassCare v. Hochul
Description: SB 660, a law passed by the New York State Assembly and signed by the governor, requires all employers—including churches, religious schools, faith-based pregnancy care centers, and religious nonprofits—to disavow their beliefs about abortion, contraception, and sexual morality by forcing them to hire and employ those who refuse to abide by the organizations’ statements of faith.
2nd Circuit reinstates religious groups' claim seeking freedom to hire according to faith
NEW YORK – The U.S. Court of Appeals for the 2nd Circuit ruled Thursday to reinstate an expressive association claim seeking to affirm the freedom of faith-based pregnancy centers and churches to employ individuals who agree with their fundamental beliefs and missions. In the case CompassCare v. Hochul, Alliance Defending Freedom attorneys represent CompassCare, a faith-based pregnancy center in Rochester; First Bible Baptist Church; and the National Institute of Family and Life Advocates, an association of pro-life pregnancy centers.
At issue is a New York state law, SB 660, which required employers—including churches, religious schools, faith-based pregnancy care centers, and religious nonprofits—to undermine their own beliefs about abortion, contraception, and sexual morality by forcing them to employ those who cannot effectively convey the groups’ message because they refuse to abide by the organizations’ statements of faith and core principles about such issues. The law violates the groups’ First Amendment rights.
“Our nation has long respected the rights of religious organizations to associate with like-minded believers, and the court’s decision rightly reinstates our clients’ claim seeking to affirm that this right protects employment practices affecting the groups’ mission,” said ADF Senior Counsel Kevin Theriot. “Religious employers are free to hire individuals who share their core beliefs, and no government can force faith-based organizations to contradict those convictions. The 2nd Circuit was right to revive this challenge, allowing our clients the opportunity to defend their constitutionally protected freedom to join with others and express what they believe without fear of government punishment or coercion.”
James P. Trainor, one of more than 4,800 attorneys in the ADF Attorney Network, is serving as local counsel in the case.
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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ABOUT Kevin Theriot
Kevin Theriot serves as senior counsel with Alliance Defending Freedom, where he is a key member of the Center for Life Team working to defend pro-life laws and speech and protect medical rights of conscience. He has litigated cases in the areas of religious freedom, the sanctity of life, and marriage and family. Theriot is admitted to the bar in eight states, the U.S. Supreme Court, and numerous other federal courts of appeal and district courts. Theriot received his law degree from Vanderbilt University and has been litigating First Amendment issues since 1993.
ABOUT Caleb Dalton
Caleb Dalton serves as senior counsel with Alliance Defending Freedom's Center for Life, where he brings over a decade of civil rights litigation and public advocacy experience to the team, securing the rights of the unborn and those who advocate for them. Since joining ADF, Dalton has served on multiple teams representing private individuals and government entities to affirm the fundamental freedoms of speech and religious liberty. With ADF's Center for Conscience Initiatives, he played a key role in the successful petition for certiorari in Masterpiece Cakeshop v. Colorado Civil Rights Commission at the U.S. Supreme Court. With the Center for Academic Freedom, he successfully represented students and faculty seeking to speak freely on public university campuses across the country. Dalton earned a J.D. at the Regent University School of Law, graduating cum laude. He is a member of the bar in Arizona, Virginia, and the District of Columbia; he is also admitted to practice before multiple federal district and appellate courts, including the U.S. Supreme Court.