A federal judge in North Dakota has granted a preliminary injunction allowing more than 8,000 Catholic employers nationwide to reject government regulations protecting workers seeking abortions and fertility care.
U.S. District Judge Daniel Traynor issued the ruling Monday, siding with the Catholic Benefits Association and the Diocese of Bismarck. The judge determined that the plaintiffs were likely to succeed in proving that a final rule adopted by the Equal Employment Opportunity Commission (EEOC) in April violated their religious freedom.
The regulations in question are meant to enforce the federal Pregnant Workers Fairness Act, which passed with bipartisan support in December 2022. The Act was initially viewed as a victory for low-wage women workers, providing accommodations for pregnancy-related conditions.
Judge Traynor, appointed by former President Donald Trump in 2020, wrote in his order, “It is a precarious time for people of religious faith in America. It has been described as a post-Christian age.” He argued that the EEOC rule “forces members to choose between expressing sincerely held beliefs and compliance,” potentially causing “irreparable” harm.
The ruling also bars the EEOC from enforcing harassment regulations that would require the plaintiffs to communicate in favor of abortion, fertility treatments, or gender transition when contrary to Catholic faith. This aspect of the decision could impact transgender employees’ ability to express their gender identities in the workplace.
Martin Nussbaum, lead attorney for the Catholic Benefits Association, called the ruling a win that “respects the religious conscience of sincere Catholic employers.” The association represents over 1,380 employers and 7,100 parishes nationwide, covering approximately 162,000 employees in member health plans.
Critics of the ruling, including Inimai Chettiar, president of legal advocacy group A Better Balance, argue that the decision is part of a broader attack on women’s rights and reproductive freedom. Chettiar emphasized that neither the Pregnant Workers Fairness Act nor the EEOC regulations require employers to pay for abortions or IVF treatments, only to allow workers time off for such procedures.
The Department of Justice declined to comment on the ruling.
This decision follows a similar injunction granted in July by a federal judge in Louisiana in lawsuits brought by the Louisiana and Mississippi attorneys general, and several Catholic organizations.
Legal experts and civil rights advocates express concern about the potential broader implications of this ruling. Sharita Gruberg of the National Partnership for Women and Families worries about a “chilling effect” that could discourage pregnant workers from exercising their rights under the Pregnant Workers Fairness Act.
AP
