December 14, 2023
Dear EMC/CompassCare,
Today CompassCare’s pro bono attorneys with the Alliance Defending Freedom delivered oral arguments at the U.S. 2nd Circuit Court of Appeals in Manhattan, NY.
NYS passed a law in 2019 making it illegal for pro-life organizations like CompassCare and churches to refuse to hire pro-abortion staff. This opens CompassCare/Expectant Mother Care up to expensive lawsuits from the NY Attorney General or employees who are not hired due to their pro-abortion positions—lawsuits that could shut us down.
This is a very unique case, with very unique circumstances.
This is the second time this case has been heard by the same court in the last several months—the previous being Slattery v Cuomo which got a favorable ruling, remanding it back to the lower court to amend the former dismissal of the case.
Interestingly, the 3-judge panel that heard the first case is not the same as the panel for the hearing of the second. In several ways, this is an odd and unprecedented situation.
Suffice it to say, this law is akin to the state forcing Planned Parenthood to hire pro-life sidewalk counselors or Italian restaurants to hire chefs who refuse to cook Italian food.
There are no religious exemptions for this law, even when it comes to church hiring practices. If let stand, churches would not be able to hire or manage pastors based on their beliefs or behavior regarding abortion or sexual conduct.
After a long morning of oral arguments, we prayerfully await a ruling as the law is currently in effect.
Rest assured, no matter what happens, CompassCare will not violate our conscience or scriptural principles. Ever.
If the 2nd Circuit does not protect your right to keep saving women and babies through CompassCare, then our attorneys funded by the Alliance Defending Freedom and Thomas More Society are committed to helping us take this case to the Supreme Court of the United States.
As we navigate these perilous waters together, pray for wisdom for our attorneys and favor with the judges. More than that, pray for the women and babies that CompassCare serves whose lives are put at risk by abortion.
In Christ,
Rev. Jim Harden, M.Div.
CompassCare CEO
EMC Frontline President