A 9th U.S. Circuit Court of Appeals panel ruled a church lacks standing to sue Washington state over a law that requires most employers to provide abortion coverage to its employees. Religious freedom attorneys called the decision “shocking,” as it is the first of its kind to be denied standing by any federal court.  

Cedar Park Assembly of God is a church in Kirkland, Washington. Along with its ministries serving all ages, the church serves its congregation and the surrounding community through its auto repair shop offering generous discounts, a counseling program and its Cedar Park Christian Schools, which serve over 1,000 students.

The church, as stated in its constitution, believes that all human life is “sacred and made by God, in His image” and it is “immeasurable worth in all of its dimensions, including pre-born babies.” Hence, the church’s constitution states that it believes God calls them to “defend, protect, and value all human life.”

Kristen Waggoner, CEO of Alliance Defending Freedom, which represented the church, responded to the 2-1 ruling on X.  

“The 9th Circuit is way out on a limb here,” Waggoner said. “Every other court to consider a similar case in the past—from district courts to the U.S. Supreme Court and even the 9th Circuit itself (as the dissenting judge noted)—has granted standing.  … Churches should never be forced to fund abortion. And they should always have the option to challenge such unjust laws in court.”

In March 2019, Cedar Park first challenged the Reproductive Parity Act of 2018, a Washington law that requires insurance plans covering maternity care to cover abortions alongside it.

The rule states that most health plans must cover abortion services and “All contraceptive drugs, devices, and other products … including over-the-counter contraceptive drugs, devices, and products, approved by the federal food and drug administration,” along with “consultations, examinations, procedures, and medical services that are necessary” as part of the drug regimen or procedure. The law does not offer religious exemptions to churches or other religious organizations.

The church filed suit after Kaiser Permanente, its health care insurer, informed the church that they would have to abide by the act and include abortion in their health care plan for the church’s employees.

Alliance Defending Freedom (ADF) represented Cedar Park in federal district court, but the case was dismissed. The dismissal was then overruled by a three-judge panel of George W. Bush appointees at the U.S. 9th Circuit in July of 2021 and sent back for review to the federal district court. After the lower court ruled once again against the church, ADF re-appealed to the U.S. 9th Circuit.

In the latest ruling from the 9th Circuit panel, the case, Cedar Park Assembly of God of Kirkland v. Kreidler, the majority ruled against the church’s freedom to practice in accordance to its belief.

But writing in dissent, Judge Consuelo M. Callahan wrote, “Before the Parity Act, Cedar Park was able to provide its employees with a health plan in accordance with its religious beliefs. Now, because of the Parity Act, it cannot do so. The majority fails to appreciate our prior opinion where we found that Cedar Park has standing, and now uses the new procedural posture of this case to boot Cedar Park from court.”

ADF Senior Counsel Rory Gray believes the ruling greatly violates religious liberty.

“The majority’s ruling is shocking,” said Gray. “It bars the courthouse doors to a church who has actually been required to include abortion coverage in its employee health plan for five years in violation of everything it believes. That conclusion is unprecedented and contradicts what the Supreme Court, other circuits, and the 9th Circuit itself already said.”

During the legal battle, Sandy Smith, wife of Cedar Park’s senior pastor, spoke to Live Action in an interview.

“Churches should never let Satan muzzle their voices and intimidate them into silence,” Smith said. “Church leaders should never be afraid to talk about abortion because Christians need to understand what the Bible says about life. People today are hungry to hear that life is precious and created by and for God. Now more than ever, church leaders need to exert boldness during this troubling time in our country.”

Waggoner stated that ADF is seeking other legal options.

“This ruling must not stand,” she posted. “@ADFLegal is exploring all legal options on behalf of Cedar Park.”

Photo: Alliance Defending Freedom