Federal judge sides with North Dakota Catholics against EEOC

A North Dakota judge on Monday ruled that the federal government cannot force Catholic institutions in the state to make accommodations for abortions or IVF procedures while a court case plays out. U.S. District Judge Daniel Traynor’s preliminary injunction prevents the U.S. Equal Employment Opportunity Commission, or EEOC, from applying a recently created federal rule and recently issued guidance to some Catholic employers who’ve sued on First Amendment grounds.

The Catholic Benefits Association and the Bismarck Diocese of North Dakota sued the EEOC in July. They argued the agency recently passed a federal rule and issued guidance that would force them to violate their Catholic values. The rule interpreting the Pregnant Workers Fairness Act requires employers to make accommodations and support their employees’ abortions and IVF treatments. Separate guidance would force employers to support their employees’ choices to identify as members of the opposite sex, the Catholic groups said. Neither issuance properly interprets the Congressional act it seeks to provide guidance on, the Catholic groups argued.

What does the EEOC have to say? The EEOC alleged that the Catholic Benefits Association and the Bismarck Diocese lacked standing to challenge the law because they did not face an imminent threat that either rule would be applied to them. The agency also argued the rule allegedly forcing employers to support their employees’ choices to identify as members of the opposite sex was merely a guideline and not a requirement. The agency also claimed the Catholic groups would ultimately lose their lawsuit.

Dig deeper: Read Denny Burk’s column in WORLD Opinions discussing whether taxpayers should be forced to pay for IVF treatments.