In a decision handed down by the New York State Supreme Court on Thursday, October 19, the justices ruled that religious organizations including the Roman Catholic Church are bound by state law to provide employee health insurance policies that cover the cost of contraceptive measures.

The ruling upheld previous decisions by the State Supreme Court and by the Appellate Division and was an affirmation of New York's 2002 Women's Health and Wellness Act. The law had been challenged by two Baptist and eight Catholic organizations contending that the contraceptive requirement violated their theological principles.

Speaking on behalf of the New York State Catholic Conference, executive director Richard E. Barnes said, "The case is not about the right of New Yorkers to use contraception; it is about religious liberty. In effect, the state has declared Catholic schools, hospitals and charitable organizations secular."

Characterizing the ruling as granting permission to legislators to pass measures "even more offensive to religious practice," Barnes said the Conference was considering appealing the matter to the United States Supreme Court.

In its decision the court acknowledged that religious organizations might regard the use of birth control measures as "sinful," but cited the "substantial interest [held by the state] in fostering equality between the sexes and providing women with better health care."

The leader of NAPRAL Pro Choice New York and Family Advocates of New York State, Kelli Conlin, in praise of the ruling said, "No employer should be able to force their beliefs upon their employees, especially given that 97 percent of Catholics report using birth control."