(The Lion) — A Christian nonprofit doesn’t have to follow a federal rule that would mandate abortion accommodations, a federal court ruled in a permanent 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. 4, 2024 and was granted a preliminary injunction in March. The EEOC on Monday filed a joint motion for the injunction and dismissal, and has agreed “not to defend the Biden-era PWFA rule against the Herzog Foundation and other faith-based organizations,” according to a press release from the foundation.
“We are encouraged that the courts continue to recognize the importance of protecting religious freedom for faith-based employers like us,” Herzog Communications Director Elizabeth Roberts told The Lion. “This permanent injunction solidifies that the government cannot overstep its authority by trying to dictate or suppress our beliefs, allowing our organization and countless other faith-based organizations to operate in a way that honors both our mission and our values.”
Edward Greim, an attorney for Graves Garrett Greim, which represented the foundation in the case, called the ruling a reversal of the Biden administration’s “unlawful use of civil rights laws against religious organizations.”
“As counsel for the Herzog Foundation, we welcome the EEOC’s steps to reverse the prior administration’s unlawful use of civil rights laws against religious organizations,” he said. “Congress never authorized the agency to promote abortion or force religious employers to violate their beliefs. This action restores the law to its proper purpose by supporting women, protecting life, and respecting religious liberty.”
