A group of American Christians including bishops has asked a US Court of Appeals to protect them from a federal mandate to radically transform their ministries to support employee abortions in violation of their faith.
Religious groups including the US Conference of Catholic Bishops (USCCB) challenged a federal agency’s attempt to flip a bipartisan law designed to protect pregnant women and their unborn children, into a sweeping abortion mandate.
That would pressure churches to violate their beliefs.
In December 2022, the US Congress passed the Pregnant Workers Fairness Act (PWFA) with the intention to protect expectant mothers and their unborn babies.
LEGISLATION WAS NOT INTENDED TO INCLUDE ABORTION
The law requires reasonable workplace accommodations, like extra restroom breaks and modified schedules, for women with physical limitations from pregnancy or childbirth.
The legislation does not mention abortion, and Congressional supporters on both sides of the aisle emphasised that it does not address the issue.
Given the law’s admirable purpose, USCCB supported the bill’s passage, as did hundreds of other diverse groups.
The Senators who sponsored the bill promised it would not require abortion accommodations.
BIDEN ADMINISTRATION WEAPONISED THE BENIGN ACT TO BE PRO-ABORTION
But the Equal Employment Opportunity Commission (EEOC) under former President Joe Biden weaponised the laws to promote abortions.
It imposed rules for the PWFA that interpreted it as requiring abortion accommodations for both elective and non-elective abortions in April 2024, which prompted the USCCB lawsuit.
A federal court in May 2025 ruled that the law itself, regardless of what the regulations say, does require that the Catholic bishops and the other plaintiffs offer abortion accommodations if a pregnant woman is experiencing a negative health effect from the pregnancy itself, but not if it is fully elective.
According to the lawsuit, such negative effects range from serious complications with the pregnancy to common pregnancy-related conditions such as minor or severe hormonal changes, anxiety, nausea or vomiting — practically universal experiences in all pregnancies..
CHURCHES AND FAITH ORGANISATIONS FORCED TO CHANGE THEIR POLICIES AND PROCEDURES
Daniel Blomberg, an attorney for religious liberty law firm Becket which is representing the plaintiffs, told EWTN News that many of the conditions listed are “literally the case for any pregnancy.”
He noted that the ruling requires the Christian groups to not only accommodate abortions in those situations, but also to rewrite policies and procedures in a way that clearly communicates these accommodations to employees or prospective employees.
This required churches change their ministry policies, statements of faith, employee speech, and even “atmosphere” accordingly.
The ruling also gutted religious protections in the PWFA and other civil rights laws by refusing to enforce religious freedom laws that shielded the ministries.
COURT RULES LAW WOULD “POLICE INTERNAL SPEECH AND EVEN THE ATMOSPHERE OF A RELIGIOUS MINISTRY”
Attorney Blomberg said the court’s interpretation of the law forces Christian ministries to “adopt anti-life employment policies and statements in the workplace” that would stifle the speech of anyone in the workplace who would discourage an abortion accommodation.
He explained that as interpreted by the court, the rule would “police the internal speech and even the atmosphere of the religious ministry” and “radically transform the requirements of religious ministries” as it relates to abortion.
Mr. Blomberg noted that the 2025 court ruling interpreted the law itself as creating this mandate — not simply the regulations that followed.
He said this means the Trump administration does not have the authority to overrule the court order by promulgating regulations.
“UNCLE SAM CAN’T MAKE MOTHER TERESA SUPPORT ABORTION”
Attorney Blomberg noted that the Department of Justice’s recent report on anti-Christian bias under the Biden administration admonished the PWFA rule.
But he added: “It remains to be seen how the Trump administration’s lawyers will respond in court.”
“Bureaucrats tried to twist a bipartisan law protecting pregnant women and their unborn babies into a mandate that churches facilitate abortion within their own ministries,” said Laura Wolk Slavis, counsel at Becket and an attorney for the plaintfiffs.
“If there’s one thing everyone should agree on about abortion, it’s that Uncle Sam can’t make Mother Teresa support it,” she asserted.
The EEOC has yet to comment on the appeal.
“IN 250 YEARS, AMERICA HAS NEVER ALLOWED THE STATE TO FORCE CHURCHES TO SUPPORT ABORTION”
Recent polling from Becket’s 2025 Religious Freedom Index reveals overwhelming public support for the protection of religious groups from governmental overreach.
Eighty percent of Americans believe people should be free to run their private organisations according to their religious beliefs.
“In 250 years, our nation has never allowed the State to make the Church support abortion — and now’s not the time to start,” declared Ms. Wolk Slavis.
“Every other court to consider religious objections to this mandate has protected churches, and we hope the Appeal Court does too.”
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