‘Bella Health’ Is a Milestone Victory for Religious Freedom – denvercatholic.org

A Colorado district courts recent opinion may be religious freedoms most significant victory this fall.

Last Spring, Colorado outlawed the provision of abortion pill reversal services. The new law was particularly targeted at medical clinics like Bella Health and Wellness, a Catholic medical clinic in suburban Denver founded in 2014 to provide faith-based, life-affirming health care to women in need. With guidance and blessings from Archbishop Samuel Aquila and the Archdiocese of Denver and the Blessed Sacrament reserved in a chapel adjoining its main lobby Bella Health has long offered abortion pill reversal services as part of its religious mission.

Working with public interest firm Becket,Bella Health challenged the Colorado lawas a violation of the clinics religious freedom. Bella Health also asked for an injunction a special court order preventing Colorado from enforcing the law while the case proceeds.

The Colorado district court issued the injunction, on the basis that Bella Healthwill likely win this lawsuit.

This outcome is a great win for religious freedom, particularly because ofwhyandhowthe court reached its conclusion.

The district courts decision answered an important question that courts had not clearly addressed in the past. This question was whether (and to what extent) the First Amendment holds the government accountable when it enacts a law knowing that the law will predominantly burden religious activities.

The United States Supreme Court has already found that the First Amendment holds the government to the highest legal standard of accountability, called strict scrutiny, in situations similar toBella Health. These cases involved laws that (1)treat secular activities more favorablythan similar religious activities; (2)burden religionbut allow the government to make exceptions, or (3)target religious activitysimply because it is religious.

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But a gray area existed in situations where a law predominantly burdened religious activity but did not fit into the previous three categories. Supreme Court cases suggested the First Amendment would require government accountability for such laws, but the question was never directly answered.

The district courts decision inBella Healthclarifies that the government must meet the highest standard of legal accountability in these situations where the government enacts a regulation or law knowing it will predominately burden religious activity. The opinion should guide both judges and advocates for religious freedom moving forward.

The courts decision also reemphasized how important it is for faith-based nonprofits to legally establish their religious identities. Before the court even addressed the religious freedom questions, the court evaluated whether Bella Health is a religious organization eligible for such protections in the first instance. The court looked at Bella Healths Articles of Incorporation, particularly the purpose statement. The court also looked at documents signed by employees and volunteers. These documents explained the clinics religious mission and clearly connected the clinics religious beliefs with its activities. Accordingly, the court concluded that Bellawas indeed a religious organization entitled to First Amendment protections, so the case proceeded.

Faith-based nonprofits and friends of religious freedom should useBella Healthto guide advocacy for more robust religious freedom protections and greater government accountability for laws burdening this freedom.Bella Healthalso reminds faith-based nonprofits and their leaders to revisit their organizing documents and policies and ensure their religious freedom is clearly established in writing. Doing so will maximize the impact of this important religious freedom victory.

Mary Margaret Beecher is the Vice President and Executive Director of Napa Legal.

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'Bella Health' Is a Milestone Victory for Religious Freedom - denvercatholic.org