Little Sisters of the Poor Under Attack Again — Religious Freedom on the Line

Nuns of the Little Sisters of the Poor at the Supreme Court, March 2016. (Joshua Roberts/Reuters)

After more than a decade of legal battles, Pennsylvania and New Jersey are still trying to force Catholic nuns to violate their faith — and a federal court just handed them a shocking victory.

On Wednesday, Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of Pennsylvania struck down a 2017 Trump administration rule that protected religious employers — including the Little Sisters of the Poor — from the Affordable Care Act’s contraception mandate.

The Little Sisters, an order of Catholic nuns who have lovingly cared for the elderly poor for nearly 200 years, are once again facing the prospect of being forced to include abortion-inducing drugs and contraceptives in their health insurance plans — or pay crushing fines in the tens of millions of dollars.

This is despite two victories at the U.S. Supreme Court — in 2016 and again in 2020 — where the nation’s highest court affirmed their right to serve the poor without being coerced to violate their beliefs. But determined state officials have dragged them back into court yet again.

If this ruling stands:

• For-profit employers will have no religious exemption at all.

• Religious non-profits will have to file government paperwork to “qualify” for their religious rights, and employees will still get abortion and contraceptive coverage through their plans.

The Becket Fund, which represents the nuns, calls this a “nationwide ruling against a religious conscience rule.” Attorney Mark Rienzi says the decision is part of an “out-of-control effort by Pennsylvania and New Jersey to attack religious liberty.”

“It’s absurd to think the Little Sisters might need yet another trip to the Supreme Court,” Rienzi said. “But we will fight as far as we need to fight to protect the Little Sisters’ right to care for the elderly in peace.”

Mother Loraine Marie Maguire, speaking for the Little Sisters, was resolute:

“We will continue to fight for the right to carry out our mission without violating our faith, and we pray Pennsylvania and New Jersey will end this needless harassment.”

Rev. Gregory Quinlan, president of the Center for Garden State Families, warned that this case is part of a broader pattern in New Jersey’s political leadership:

“NJ Atty. Gen. Matthew Platkin and the Murphy administration are obsessed with abortion. Thwarting the mission and ministry of pro-life Christian organizations such as the Little Sisters of the Poor and pregnancy resource centers, while advancing and promoting Planned Parenthood’s anti-life agenda. Gov. Phil Murphy shut down churches during COVID, but bars, liquor stores, and Planned Parenthood were permitted to be open. Pregnancy resource centers had to remain closed. Platkin served a subpoena demanding that First Choice (a pregnancy resource center) identify—by name—the donors behind nearly 5,000 donations and produce up to 10 years of its internal, confidential documents. The First Amendment protects donor identities from unjustified disclosure and prohibits a state official from retaliating against speech with which he disagrees. SCOTUS has agreed to hear Alliance Defending Freedom’s petition on behalf of First Choice.”

This is more than just one case. If the Little Sisters lose, it will open the door for government at every level to crush the religious conscience of any faith-based ministry, business, or individual.

The Little Sisters are preparing to appeal to the U.S. Court of Appeals for the Third Circuit — and they will likely need to return to the Supreme Court. This fight is not just about nuns and healthcare mandates. It’s about whether the government can force people of faith to choose between their beliefs and their ability to serve their neighbors.

We must stand with the Little Sisters now.

• Pray for their protection and victory.

• Speak out publicly in defense of religious freedom.

• Support the Center for Garden State Families and organizations fighting in court to defend these nuns — and all people of faith — from government coercion.

Because if the government can crush the Little Sisters of the Poor, it can crush anyone.