(The Lion) — A Christian nonprofit does not have to follow a federal rule that would mandate abortion accommodations, a federal court ruled in a preliminary injunction on Tuesday.
The Herzog Foundation argued in a lawsuit that the Equal Employment Opportunity Commission (EEOC) rule mandating abortion accommodations under the Pregnant Workers Fairness Act (PWFA) exceeded the agency’s authority, contradicts the law’s intent to support pregnant workers, and violates the First Amendment religious rights of the foundation, which publishes The Lion.
The PWFA was passed and signed into law by President Joe Biden in 2022 and the offending “final rule” was developed under the Biden administration and issued on April 15, 2024. The Herzog Foundation filed a motion for an injunction on Oct. 04.
In her preliminary ruling Tuesday, Judge Roseann A. Ketchmark acknowledged the EEOC likely exceeded its authority and affirmed “the Foundation is likely to succeed on the merits of its RFRA [Religious Freedom Restoration Act] claim.”
The foundation hailed the ruling, which keeps the employer from having to comply with the rule as the case awaits a final judgment.
“No employer should be forced to violate their deeply held beliefs at the whims of a federal agency,” Communications Director Elizabeth Roberts told The Lion. “The EEOC’s attempt to strong-arm Christian organizations into accommodating abortion-related requests is a blatant attack on religious freedom.
“We applaud the court’s initial decision to put a stop to this government overreach and protect the Herzog Foundation – and all faith-based employers – from being coerced into compliance with baseless and unlawful mandates.”
Katie Mitra, an attorney for Graves Garrett Greim, which represented the foundation in the case, called the ruling a victory for religious liberty.
“The court’s ruling is a victory for the Herzog Foundation and for religious liberty writ large,” Mitra told The Lion. “The court has properly recognized that the Herzog Foundation is likely to succeed on the merits of its Religious Freedom Restoration Act claim, given the substantial burden of the rule on its sincere religious beliefs.
“This preliminary relief rightly empowers the foundation to exercise its beliefs while we litigate this case to final judgment.”
In her conclusion, Judge Ketchmark wrote that “the EEOC and its agents are enjoined from interpreting or enforcing the PWFA and any implementing regulations, including the Final Rule, against the Stanley M. Herzog Foundation in a manner that would require it to accommodate abortions that are contrary to its sincere religious beliefs.
“Specifically, the EEOC and its agents are enjoined from (1) initiating any investigation into claims that the Foundation has failed to accommodate an abortion in violation of the PWFA and (2) issuing any Notice of Right to Sue with respect to the same.”