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California Court Refuses to Grant Special Rights to Catholic Charities

For Immediate Release - Contact: Roy Speckhardt at (202) 238-9088

(Washington, D.C., March 2, 2004) The California Supreme Court set a significant precedent yesterday in declaring that all employees in their state, including those employed by religious organizations engaged in secular services, must have access to health care plans that include birth control coverage. AHA Executive Director Tony Hileman responded, "To provide special privileges for religious organizations goes against the law's intent to provide quality healthcare for California workers, and provides unnecessarily favorable treatment to religious groups that runs afoul of the Establishment Clause of the U.S. Constitution."

Hileman continues, "Just as discriminatory organizations may be morally opposed to hiring people of color but may not discriminate in their hiring, so must religious organizations in California provide equal birth control benefits whether or not they are morally opposed to contraception."

Attorney Richard Ackerman, representing the Life Legal Defense Fund filing a brief supporting Catholic Charities, exemplifies the discriminatory perspective of the losing side in this case. In response to the decision, Ackerman displays disbelief that his public interest, but faith-based law firm, could be required to hire homosexuals or pay for abortions.

The AHA finds this case consistent with the Supreme Court's Locke v. Davey decision last week, which made clear that states may offer greater protection in terms of church-state separation than the federal government. AHA president Mel Lipman says, "The state of California certainly has an interest in providing adequate health care coverage to its workforce and in supporting women's reproductive rights. By forcing religious organizations that provide secular services to play by the rules the state does not offend the guarantee of religious liberty nor does it establish a religion."

"Public services must be free from overt sectarianism. Therefore, Catholic Charities must abide by the laws if it intends to engage in public services and not disregard women's reproductive rights in the process," concludes Lipman.


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The American Humanist Association is the oldest and largest Humanist organization in the nation. The AHA is dedicated to ensuring a voice for those with a positive nontheistic outlook, based on reason and experience, which embraces all of humanity .


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