A federal court of appeals has reversed a lower court ruling that had upheld a New York State labor law prohibiting pregnancy resource centers from discriminating against employees or employee applicants because of their proabortion views and participation. On February 27, 2023, the Court of Appeals for the Second Circuit said that the so-called 2019 “Boss Bill” law forces Evergreen Association, Inc., a non-profit pro-life pregnancy resource center, to employ people who have had abortions, and that the lower court was wrong in dismissing Evergreen’s claim that this violated its First Amendment right to expressive association. The case will now be remanded to the U.S. District Court for the Northern District of New York for further proceedings consistent with the appellate court’s ruling.

Represented by the Thomas More Society, Evergreen operates maternal health and pregnancy centers under the names Expectant Mother and EMC Frontline Pregnancy in New York City and its suburbs and employs only pro-life staff. The organization and its founder and CEO, Christopher Slattery, brought suit against New York in 2020, challenging the constitutionality of the “Boss Bill” that makes persons who have an abortion a protected class under the state’s employment nondiscrimination laws. The suit contends that being forced to hire employees who have had abortions would hinder Evergreen’s mission to encourage expectant mothers to choose life for their unborn children.

“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,” said Thomas More Society Special Counsel Timothy Belz. “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.”

“We are thrilled that a Federal Court in New York affirmed what we knew from the beginning, the need to shield pregnancy resource centers from unconstitutional laws that try to thwart their mission. We are grateful to the Thomas More Society for defending our free speech rights, “said Slattery.

Belz added that no organization should be compelled to hire employees opposed to its core principles. “That would be a contradiction and expose the organization to accusations of hypocrisy. That is true across the board for all types of groups. For example, a parochial school should not be forced to employ an atheist as a teacher, and an animal shelter should not have to hire an adoption facilitator who hates dogs.”

When considering the ruling’s national implications, Belz said that states must realize these types of laws will not withstand constitutional scrutiny. “We trust the Second Circuit’s ruling will discourage any state legislature from enacting legislation that would violate an organization’s First Amendment rights, including the right to work with those who share their values.”

Read the decision of the United States Court of Appeals for the Second Circuit issued February 27, 2023, in. Slattery v Hochu et al. here.