Catholic ministries urge appeals court to block abortion-accommodation mandate Fifth Circuit to decide if churches must silence pro-life beliefs, profess support for employee abortions

WASHINGTON – A group of Catholic ministries asked the U.S. Court of Appeals for the Fifth Circuit yesterday to protect them from a federal mandate to radically transform their ministries to support employee abortions in violation of their faith. In United States Conference of Catholic Bishops v. EEOC, religious groups challenged a federal agency’s attempt to flip a bipartisan law designed to protect pregnant women and their unborn children into a sweeping abortion-accommodation mandate that pressures churches to violate their beliefs. Becket is now asking the Fifth Circuit to permanently protect the Catholic ministries.

Congress passed the Pregnant Workers Fairness Act to protect expectant mothers and their unborn babies. The law requires reasonable workplace accommodations, like extra restroom breaks and modified schedules, for women with physical limitations frompregnancy or childbirth. The legislation does not mention abortion, and Congressional supporters on both sides of the aisle emphasized that it does not address the issue. Given the law’s admirable purpose, the United States Conference of Catholic Bishops supported its passage, as did hundreds of other diverse groups. Yet a Biden-era agency rule, over dissent by agency official Andrea Lucas, used the PWFA to mandate abortion accommodation by employers. This required churches to accommodate employee abortions and to change their ministry policies, statements of faith, employee speech, and even “atmosphere” accordingly. The rule also gutted religious protections in the PWFA and other civil rights laws. 

“Bureaucrats tried to twist a bipartisan law protecting pregnant women and their unborn babies into a mandate that churches facilitate abortion within their own ministries,” said Laura Wolk Slavis, counsel at Becket and an attorney for the ministries. “If there’s one thing everyone should agree on about abortion, it’s that Uncle Sam can’t make Mother Teresa support it.”

With the help of Becket, a group of Catholic ministries including USCCB filed a lawsuit in May 2024 against the mandate. While a lower court ruling partially rescinded the mandate, the ruling still required accommodation for most abortions, including those obtained to treat mild cases of nausea, anxiety, or changes in hormones—practically universal experiences in all pregnancies. And the court refused to enforce religious freedom laws that shielded the ministries.

Recent polling from Becket’s 2025 Religious Freedom Index reveals overwhelming public support for the protection of religious groups from governmental overreach. 80% of Americans believe people should be free to run their private organizations according to their religious beliefs.  

“In 250 years, our nation has never allowed the State to make the Church support abortion—and now’s not the time to start,” said Wolk Slavis. “Every other court to consider religious objections to this mandate has protected churches, and we hope the Fifth Circuit does too.”  

Boyden Gray is co-counsel with Becket.  

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.