20 The Roman Catholic Dio V The Roman Catholic Dio COMPLAINT 12

FILED: ALBANY COUNTY CLERK 01/04/2021 10:22 AM INDEX NO.
903613-20
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/04/2021
STATE OF NEW YORK

SUPREME COURT ALBANY COUNTY
_______________________________________________
THE ROMAN CATHOLIC DIOCESE OF ALBANY, COMPLAINT

NEW YORK; SOCIETY OF THE SISTERS OF FOR DECLARATORY AND
ST. JOSEPH OF CARONDELET; AND NEW YORK INJUNCTIVE RELIEF
STATE CATHOLIC CONFERENCE; ON BEHALF
OF THEMSELVES AND ALL OTHERS SIMILARLY Index No. 903613-20
SITUATED;
Plaintiffs,
-against-
LINDA A. LACEWELL, SUPERINTENDENT,

NEW YORK STATE DEPARTMENT OF FINANCIAL
SERVICES; NEW YORK STATE DEPARTMENT OF
FINANCIAL SERVICES; CAPITAL DISTRICT
PHYSICIANS HEALTH PLAN, INC.; and CDPHP
UNIVERSAL BENEFITS, INC.,
Defendants.
_______________________________________________
Plaintiffs by and through their attorneys Tobin and Dempf, LLP for a complaint
respectfully state as follows:
PRELIMINARY STATEMENT
1. The State has approved and promulgated an Abortion Mandate in the form of
regulations that force church institutions and employers, in violation of their religious doctrines,
teachings and conscious rights, to fund and otherwise provide for that which in their own
workplace they hold and teach to be gravely immoral. This regulatory Abortion Mandate, under
color of law, constitutes an invidious and coercive governmental infringement on the religious
freedom and liberty of conscience rights of religious institutions and employers, and if
unchecked, will then result in even further dangerous incursions on religious freedom and liberty
of conscience.
1 of 19
FILED: ALBANY COUNTY CLERK 01/04/2021 10:22 AM INDEX NO. 903613-20
2. The State’s Abortion Mandate includes a limited “Religious Employer”
exemption based on certification of the exemption criteria.
3. The State has unlawfully delegated standing and authority for assessment and
determination of “Religious Employer” status and qualification to private insurance companies
and providers.
4. In this action for declaratory and injunctive relief plaintiffs challenge, as
violations of the New York State Constitution, statutes and the United States Constitution, the
unlawful delegation by the State to private insurance companies the standing and authority to
assess and determine the status of religious organizations, including their “purpose,”
implementation of their “religious tenets” of their employees and those they serve in order to
qualify for the exemption of “Religious Employer,” which impermissibly and unreasonably
burdens the religious freedom and liberty of conscience of plaintiffs and those similarly situated,
to express and govern themselves consistent with their religious moral and conscience
convictions. N.Y. Const. Art. 1, § 3 (Free Exercise, Engagement of Religion and Liberty of
Conscience); § 8 (Free Speech); § 9 (Associational Liberty); Art. IV, § 8 and State
Administrative Procedures Act; Rel. Corp. Law § 5; U.S. Const. Amend. 1 (Free Exercise of
Religion); 1 (Free Speech and Association; and Breach of Contract.
JURISDICTION AND VENUE
5. Jurisdiction is conferred on this Court by the N.Y. Const. Art. 6, § 6; N.Y. Jud.
Law § 140-b and N.Y. Civ. Prac. L. & R. § 301. Venue is proper in this county pursuant to N.Y.
Civ. Prac. L. & R. §§ 503(a) and 505(a).
2 of 19
PARTIES
Plaintiffs
6. The Roman Catholic Diocese of Albany, New York (“Diocese of Albany”) a
Special Act Corporation incorporated under the laws of the State of New York, is and at all times
has been a constituent part of the Roman Catholic Church and is subject to the Catechism, Canon
Law and precepts of the Roman Catholic Church. Pursuant to same, the Diocese of Albany
exercises ecclesiastical authority over its religious, charitable and educational ministries,
institutions and parishes within fourteen counties of Upstate New York. The Diocese of Albany
maintains its principal administrative office in the City and County of Albany. The Diocese of
Albany is a religious employer whose health insurance benefits for its employees are regulated
by the NYSDFS.
7. The Sisters of St. Joseph of Carondelet (“Sisters of St. Joseph”) is a Roman
Catholic order of women religious established by Special Act of the Laws of 1945, Chapter 809,
as a not-for-profit religious corporation is and at all times has been a constituent part of the
Roman Catholic Church and is subject to the precepts, doctrines and teachings of the Roman
Catholic Church. Pursuant to same, its members are engaged in the educational, parish and
healthcare ministries of the Roman Catholic Church. The Sisters of St. Joseph maintains an
administrative office located in the County of Albany. The Sisters of St. Joseph is a religious
employer whose health insurance benefits for its employees are regulated by the NYSDFS.
8. The New York State Catholic Conference (“Catholic Conference”) is an
unincorporated association under the laws of New York State with its religious purpose and
mission to serve the people of the State by and promoting the areas of morality, health, welfare,
education, human and civil rights and information which affects the common good consistent
3 of 19
with the teachings of the Roman Catholic Church. The members of the Catholic Conference are
the ordinaries and auxiliary and retired bishops of the Roman Catholic Dioceses in New York
State. The Catholic Conference is a religious employer whose health insurance benefits for its
employees are regulated by the NYSDFS.
Defendants
9. Linda A. Lacewell is the Superintendent and Chief Executive and Administrative
Officer of the New York State Department of Financial Services (“NYSDFS”) and is sued in her
official capacity. Superintendent Lacewell has the responsibility for the adoption,
implementation and regulation of the programs, practices, directives and contracts involving
health insurance policies and health insurers operating in New York State. Defendant Lacewell
is responsible for issuing, implementing and enforcing regulations and directives regarding
health insurance contracts submitted by health insurers authorized to conduct business in New
York State. Defendant Lacewell’s principal office and that of the New York State Department
of Financial Services is in the City and County of Albany, State of New York.
10. The NYSDFS is an executive agency of the State of New York. The NYSDFS is
the successor agency of the New York State Insurance Department and the New York State
Banking Department. The NYSDFS regulates health insurance providers and health insurance
benefit plan contracts issued in New York State.
11. Capital District Physicians’ Health Plan, Inc. (“CDPHP”) and CDPHP Universal
Benefits, Inc. (“CDPHP-UB”) are corporations organized and existing under the laws of the
State of New York maintaining their principal offices in Albany County. CDPHP and CDPHP-
UB are authorized to transact health insurance business in New York State and are regulated by
the NYSDFS in their health insurance activities including the form, content, coverages and
4 of 19
issuance of health insurance contracts to employers benefitting employees. CDPHP and
CDPHP-UB currently are the health plan insurer for one or more of the plaintiffs.
THE ABORTION MANDATE
12. Group and blanket health policies delivered or issued for delivery in New York
State providing major medical or similar comprehensive-type coverage are regulated as to form
and content by the NYSDFS. (N.Y. Ins. Law § 3221).
13. Health insurance providers, including health service corporations and medical
service expense indemnity corporations, are regulated by the NYSDFS with regard to policy
coverages, language and benefits. (N.Y. Ins. Law § 4303).
14. Heretofore, the NYSDFS promulgated its abortion mandate in the form of
regulations requiring employers offering health insurance benefits to affirmatively include in
their plan contracts coverage for abortions. 11 NYCRR § 52.1(p).
15. The abortion mandate includes limited “Religious Employer” exemption. 11
NYCRR § 52.2(y).
16. The NYSDFS abortion mandate provides that a religious employer may request
an exemption from the abortion mandate upon submission of a certification that the policy holder
or contract holder is a religious employer. 11 NYCRR § 52.16(o)(2)(i).
17. The NYSDFS requires that the “certification” by a religious employer represents
an affirmation of its compliance with the “Religious Employer” regulatory requirements.
18. Defendants CDPHP and CDPHP-UB required plaintiffs to submit a “Religious
Employer Attestation” form by the requesting religious employer as the required “certification”
for the exemption.
5 of 19
19. The attestation form issued by defendants CDPHP and CDPHP-UB required
documentation for proof of each standard of religious employer exemption at 11 NYCRR §
52.2(y).
20. Plaintiffs Diocese of Albany, Sisters of St. Joseph and the Catholic Conference
made timely submissions of their certifications in the form of signed attestation instruments
provided by defendants CDPHP and CDPHP-UB along with accompanying information and
documents.
21. Defendants CDPHP and CDPHP-UB reviewed and assessed the submissions
made by plaintiffs regarding their religious purposes, mission, employees and services and
unilaterally and arbitrarily rejected their request for “Religious Employer” exemption.
22. The NYSDFS regulations do not confer standing or authority upon its regulated
private insurance companies and providers, including defendants CDPHP and CDPHP-UB, to
exercise any discretion or decision making with respect to the assessment of prospective
religious employer’s religious purpose and mission, its inculcation of religious tenets and
doctrines, assessment of the religious affiliations of its employees, assessment of the religious
affiliation of its service population and its status with respect to the Internal Revenue Code.
23. Defendants CDPHP and CDPHP-UB have acted beyond the scope of their
corporate purposes and the relevant rules and regulations of the New York Insurance Law by
rejecting plaintiffs’ certifications for “Religious Employer” exemption from the Abortion
Mandate.
24. Defendants CDPHP and CDPHP-UB do not possess the standing, qualifications,
expertise, authority and jurisdiction to assess the religiosity of plaintiffs’ purposes, operations
and services.
6 of 19
25. The NYSDFS has unlawfully delegated to a private third parties, including
defendants CDPHP and CDPHP-UB, a governmental obligation and function resulting in the
direct and substantial prejudice of the plaintiffs and others similarly situated.
26. The unlawful NYSDFS delegation of standing and authority to private insurance
companies and providers, including defendants CDPHP and CDPHP-UB, to assess and
determine “religious employer” exemption status following receipt of certification in the form of
an attestation violates the New York and United States constitutional protections of religious
liberty and constitutes an unlawful delegation and usurpation of administrative power.
DECLARATORY AND INJUNCTIVE RELIEF
27. The regulatory Abortion Mandate imposed on plaintiffs through their health plans
is regulated by the defendant Lacewell, in her capacity of superintendent of the NYSDFS.
28. Plaintiffs are qualified “religious employers” entitled to the exemption from the
application of the Abortion Mandate.
29. Defendants’ unlawful, unilateral rejection of plaintiffs’ certifications for
exemption status coerces plaintiffs to offer their employees benefits inconsistent with the
teachings of their church and with plaintiffs’ moral, conscience and religious convictions.
30. An actual, present controversy has arisen regarding whether the delegation,
assessment, operation and rejection of plaintiffs’ “religious employer” exemption certifications
are unconstitutional and violate plaintiffs’ constitutional rights.
31. This actual and present controversy is properly the subject of a declaratory relief
insofar as plaintiffs seek a declaration of their rights and the constitutional and statutory and
validity of the NYSDFS delegation to private insurance companies and providers standing and
authority to assess, scrutinize, and determine the religious status of religious employers for
7 of 19
exemption from the Abortion Mandate. If the NYSDFS’s delegation of standing and authority to
determine religious employer exemption is adjudged to violate the provisions of the New York
and United States Constitutions and relevant statutes, plaintiffs will be permitted to renew and
continue their existing status as religious employers with exemptions from the inclusion of
abortion insurance coverage in their health benefit plans.
32. Plaintiffs seek entry of a judgment, pursuant to CPLR § 3001, declaring that the
NYSDFS delegation of standing, authority and decision making to third party insurance
companies and providers of “religious employer” exemption status following certifications
violates the New York State and United States Constitutions and are thus inoperative.
CAUSES OF ACTION
FIRST CAUSE OF ACTION
DECLARATORY RELIEF
INVALIDITY OF NYSDFS DELEGATION OF “RELIGIOUS EMPLOYER” STATUS
UNDER THE NEW YORK STATE CONSTITUTION
FREE EXERCISE, ENJOYMENT OF RELIGION AND LIBERTY OF CONSCIENCE
GUARANTEES (NEW YORK CONSTITUTION, ARTICLE 1, § 3)
33. Plaintiffs repeat and reallege paragraphs 1 through 32 of the complaint and
incorporates same herein as though fully set forth.
34. The NYSDFS delegation of “religious employer” exemption status to private third
party insurance companies and providers, including defendants CDPHP and CDPHP-UB,
imposes a severe, direct and substantial burden, and unreasonably interferes with and infringes
upon plaintiffs’ guarantee right to the free exercise and enjoyment of religion and liberty of
conscience, under Art. 1, § 3 of the New York State Constitution.
35. The unlawful delegation by NYSDFS of standing and authority to determine
“religious employer” exemption status to private third party companies and providers has the
8 of 19
coercive effect of operating against plaintiffs in the practice of their religion and thus, violates
their religious freedom, enjoyment of religion, and liberty of conscience guarantees under Art. 1,
§ 3 of the New York State Constitution.
SECOND CAUSE OF ACTION
DECLARATORY RELIEF
UNDER THE NEW YORK STATE CONSTITUTION
FREE SPEECH (NEW YORK CONSTITUTION, ARTICLE 1, § 8)
37. The NYSDFS unlawful delegation of standing and authority to private insurance
companies and providers to determine the religious status of religious employers for exemptions
from the Abortion Mandate infringes plaintiffs’ rights under the free speech provisions of Art. 1,
§ 8 of the New York Constitution.
38. Plaintiffs enjoy a guaranteed right under Art. 1, § 8 to promote their religion-
based missional goals, purposes, services and conscience. Plaintiffs, through implementation of
operational policies consistent with the religious and moral teachings on the dignity of life and
abortion have made a powerful statement, both symbolically and literally, through publication of
their employee policy and procedure manuals, governance and operations regarding the
relevance and importance of their religious teachings and traditions in conducting their activities
and in the daily lives of their employees.
39. Plaintiffs possess a concomitant right under Art. 1, § 8 of the New York
Constitution to decline to foster concepts inimical to their benefits and conscience. The unlawful
delegation and rejection of their certifications for “Religious Employer” exemption fosters
9 of 19
concepts contrary to their profoundly important and sincerely held religious beliefs and moral
convictions.
40. Plaintiffs, whose religious beliefs teach that abortion is a “moral evil” and
“gravely sinful” are forced by the unlawful delegation by NYSDFS to private third party
insurance companies and providers, including defendants, and rejection of exemption status, to
offer abortion coverage as a “benefit of employment.”
41. The NYSDFS unlawful delegation of standing and authority to determine
“Religious Employer” exemption status and ultimate rejection of same, becomes an instrument
for fostering public adherence to a public policy promoting the practice of abortion, a principle
which plaintiffs find morally, religiously and profoundly unacceptable. In do so, the NYSDFS
and defendants have invaded this sphere of protection of liberty of speech, which is the purpose
of Art. 1, § 8 to reserve from all official control.
42. The unlawful delegation by NYSDFS of standing and authority to make
determinations of “Religious Employer” exemption status following certification is
unconstitutional and imposes a direct and severe burden upon plaintiffs’ constitutionally
guaranteed right to free speech pursuant to the free speech provision of Art. 1, § 8 of the New
York Constitution.
THIRD CAUSE OF ACTION
DECLARATORY RELIEF
UNDER THE NEW YORK STATE CONSTITUTION – ASSOCIATIONAL LIBERTY
(NEW YORK CONSTITUTION, ARTICLE 1, § 9)
10
10 of 19
44. The unlawful delegation by NYSDFS of standing, authority and determination of
“Religious Employer” exemption status to private insurance companies and providers following
certifications and rejection of same forces plaintiffs, as part of their ordinary missional and
employment activities, to become part of an association or an instrument for fostering public
adherence to a public policy promoting the practiced of abortion, a principle which plaintiffs
profoundly find morally and religiously impermissible. The unlawful delegation and rejection
violates plaintiffs’ constitutional rights of expressive association.
FOURTH CAUSE OF ACTION
DECLARATORY RELIEF
UNDER THE NEW YORK STATE CONSTITUTION – RULEMAKING
(NEW YORK CONSTITUTION, ARTICLE IV, § 8)
46. The delegation by NYSDFS to private insurance carriers and providers of
standing, authority and decision making of “Religious Employer” exemption status violates the
provisions of Art. IV, § 8 of the New York Constitution and the State Administrative Procedures
Act (“SAPA”).
47. The NYSDFS Abortion Mandate regulations do not confer any delegation of
standing, authority and decision making to private insurance carriers and providers for assessing
and determining “Religious Employer” exemption status following certification by religious
employers.
11
11 of 19
FIFTH CAUSE OF ACTION
DECLARATORY RELIEF
UNDER THE NEW YORK STATE RELIGIOUS CORPORATIONS LAW
(RELIGIOUS CORPORATIONS LAW §§ 26,5)
49. The Legislature by enacting the Religious Corporations Law addressed the
relationship between the law and religion by codifying an allowance of the greatest and freest
scope to the activities and practices of religious organizations.
50. The Legislature by enacting the Religious Corporations Law did not define
religion, rather it explicitly subordinated the statute to the “laws, regulations, practices,
disciplines, rules and usages” of religious denominations and ecclesiastical governing bodies.
51. The unlawful delegation by NYSDFS of standing, authority and decision making
of “Religious Employer” exemptions status from the Abortion Mandate impermissibly defines
religion and contravenes the sphere of legal regulation of religious organizations by drawing
distinctions between those who receive exemptions and those who do not.
52. The unlawful delegation by NYSDFS abrogates the statutory protections
safeguarded to religious organizations under the law in New York and violates plaintiffs’
sincerely held religious beliefs and their rights to religious freedom and liberty of conscience.
12
12 of 19
SIXTH CAUSE OF ACTION
DECLARATORY RELIEF
UNDER THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION –
FREE EXERCISE CLAUSE
(U.S. CONSTITUTION, AMENDMENT 1)
54. The NYSDFS’s decision to exclude certain religious organizations but not others
from the Abortion Mandate demonstrates intentional targeting of the religious beliefs of certain
religiously-affiliated organizations, regarding the religiously-based prohibition against abortion
in violation of the Free Exercise Clause of the First Amendment of the United States
Constitution, as applied to the States by the Fourteenth Amendment.
55. Upon information and belief the purpose for the exclusion of certain religious
organizations and employers was to infringe upon, and restrict the practices of, said
organizations’ religious freedom and conscience rights pertaining to their offering insurance
coverage to their employees consistent with their moral beliefs. The NYSDFS delegation of
“Religious Employer” exemption qualification and status to private insurance companies and
providers is not neutral and is invalid under the Free Exercise Clause of the First Amendment of
the United States Constitution.
56. The unlawful delegation by NYSDFS imposes a direct, extraordinary, substantial
and unreasonable burden on religious freedom and conscience rights of the plaintiffs.
57. The delegation by NYSDFS of standing, authority, decision making of “Religious
Employer” exemption status following certification to private insurance companies and providers
is not grounded in statute or regulation, is not “generally applicable” or “neutral,” because
13
13 of 19
through this design, interpretation and enforcement, it targets the practices of certain religious
employers for discriminatory treatment.
SEVENTH CAUSE OF ACTION
DECLARATORY RELIEF
UNDER THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION –
FREE SPEECH AND ASSOCIATION
59. The unlawful delegation by NYSDFS of standing, authority and decision making
of “religious employer” exemption status following certification to private insurance companies
and providers, infringes plaintiffs’ rights under the Free Speech and Expressive Association
guarantees of the First Amendment to the United States Constitution, as applied to the States by
the Fourteenth Amendment.
60. Plaintiffs, as church institutions and employers, enjoy a First Amendment right to
evangelize and promote their mission. Plaintiffs’ implementation of employee policies and
procedures, which reflect and are based upon religious teachings, ethics and conscience,
constitute a critical component of plaintiffs’ constitutionally protective right to promote their
missions and operations by plaintiffs demonstrating their serious and earnest commitment to
living the values of the Gospel and church teaching on morals and ethics in the conduct of
plaintiffs’ missional and employment activities.
61. Plaintiffs, whose religious beliefs teach that abortion is a “moral evil” and
“gravely sinful,” are forced to offer and fund abortion coverage as a “benefit” of employment,
14
14 of 19
following the unlawful delegation and rejection of their “Religious Employer” exemption
application.
62. The unlawful NYSDFS delegation of standing, authority and decision making of
“Religious Employer” exemption status to private insurance companies and providers and
rejection of same following certifications, imposes a direct and severe burden upon plaintiffs’
constitutionally guaranteed right to Free Speech, Expressive Association and Associational
Liberty in violation of the First Amendment of the United States Constitution.
EIGHTH CAUSE OF ACTION
DECLARATORY RELIEF
BREACH OF CONTRACT
64. Heretofore, plaintiffs and defendants CDPHP and CDPHP-UB, entered into
health benefit plans and agreements for the provision of health insurance benefits to their
respective employees.
65. Plaintiffs’ health benefit plans and agreements with defendants CDPHP and
CDPHP-UB, set forth the terms and conditions regarding the coverages, services and premiums
pertinent thereto.
66. Upon information and belief, said health plans and agreements do not address or
include the delegation of standing and authority from NYSDFS to the defendants CDPHP and
CDPHP-UB to assess and determine “Religious Employer” exemption qualification following
certification submitted by plaintiffs under the NYSDFS Abortion Mandate.
15
15 of 19
67. The rejection of plaintiffs’ requests for “Religious Employer” exemption by
defendants CDPHP and CDPHP-UB following submission of certifications, constitutes a
material breach of the underlying agreements.
68. Defendants’ material breach of the respective health plans and agreements by
rejection of plaintiffs’ “Religious Employer” exemption status following certifications has
resulted in substantial damages sustained by plaintiffs in having to provide abortion coverage
contrary to Church religious teachings on morals and ethics and the impairment of plaintiffs’
missional and employment activities.
NINTH CAUSE OF ACTION
DECLARATORY RELIEF
INJUNCTIVE RELIEF
(CPLR §§ 6301 AND 6311)
70. Because the NYSDFS has unlawfully delegated to private insurance companies
and providers standing and authority to assess and determine “Religious Employer” exemption
status following certifications, it has directly infringed upon plaintiffs’ rights under the New
York and United States Constitutions and plaintiffs have been greatly and irrevocably injured.
71. Unless defendants are enjoined by this Court from enforcing the decisions of
defendants with respect to the rejection of plaintiffs’ certifications for “Religious Employer”
exemption status, plaintiffs will be required to subscribe to and fund group health benefit plans
which include abortion coverage.
72. Unless defendants are preliminarily and permanently enjoined from enforcing the
rejection of their “Religious Employer” exemption status following certification, plaintiffs will
16
16 of 19
be forced to choose between violating their sincerely held religious and conscience beliefs
regarding the moral impermissibility of abortion and violating their sincerely held religious
beliefs regarding their moral obligation as employers.
73. Plaintiffs have no other cognizable, adequate or speedy remedy at law available to
them.
WHEREFORE, plaintiffs respectfully request judgment declaring the rights and other
legal relations of the parties as follows:
1. That a judgment of this Court be entered, pursuant to CPLR § 3001, in favor of
the plaintiffs declaring that:
(a) NYSDFS delegation to private insurance companies and providers the
standing, authority and decision making of “Religious Employer” exemption status following
certification violates the guarantee of the right to freely exercise and enjoy religion and the
liberty of conscience right contained in Art. 1, § 3 of the New York Constitution and is,
accordingly, inoperative and unenforceable as a matter of law;
(b) NYSDFS delegation to private insurance companies and providers the
certification violates the guarantee of the right to free speech right contained in Art. 1, § 8 of the
New York Constitution and is, accordingly, inoperative and unenforceable as a matter of law;
(c) NYSDFS delegation to private insurance companies and providers the
certification violates the guarantee of the right to associational liberty right contained in Art. 1, §
9 of the New York Constitution and is, accordingly, inoperative and unenforceable as a matter of
law;
17
17 of 19
(d) NYSDFS delegation to private insurance companies and providers the
certification violates the rulemaking process contained in Art. IV, § 8 of the New York
Constitution and is, accordingly, inoperative and unenforceable as a matter of law;
(e) NYSDFS delegation to private insurance companies and providers the
certification violates the rights of religious organizations contained in Religious Corporations
Law §§ 26,5 and is, accordingly, inoperative and unenforceable as a matter of law;
(f) NYSDFS delegation to private insurance companies and providers the
certification violates the guarantee of the right to free exercise clause right contained in United
States Constitution, Amendment 1, and is, accordingly, inoperative and unenforceable as a
matter of law;
(g) NYSDFS delegation to private insurance companies and providers the
certification violates the guarantee of the right to free speech and association right contained in
United States Constitution, Amendment 1, and is, accordingly, inoperative and unenforceable as
a matter of law;
(h) NYSDFS delegation to private insurance companies and providers the
certification is breach of plaintiffs’ contract rights, and is, accordingly, inoperative and
unenforceable as a matter of law; and
18
18 of 19
(i) NYSDFS delegation to private insurance companies and providers the
certification warrants injunctive relief righty pursuant to CPLR §§ 6301 and 6311 and is,
accordingly, inoperative and unenforceable as a matter of law.
2. That defendant Linda Lacewell, Superintendent, New York State Department of
Financial Services be preliminarily and permanently enjoined as follows: That neither
defendant Linda Lacewell, Superintendent, New York State Department of Financial Services or
any other agency of the State of New York or defendants CDPHP and CDPHP-UB issue any
directives to plaintiffs or other similarly situated or institute any administrative or judicial action
seeking enforcement of the rejection of plaintiffs’ “Religious Employer” exemption status
application and that the NYSDFS be directed to provide plaintiffs with exemptions as “Religious
Employers” from funding and providing abortion coverage in plaintiffs’ health insurance benefit
plans and contracts.
3. That this Court grant plaintiffs such other and further relief as this Court may be
deemed just, proper and equitable.
DATED: December 31, 2020 Respectfully submitted,
TOBIN AND DEMPF, LLP
/s/ Michael L. Costello

Michael L. Costello
Attorneys for Plaintiffs
515 Broadway, 4th Floor
Albany, NY 12207
(518) 463-1177
mcostello@tdlaws.com
19
19 of 19

20 The Roman Catholic Dio V The Roman Catholic Dio COMPLAINT 12

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

20 The Roman Catholic Dio V The Roman Catholic Dio COMPLAINT 12

Uploaded by

Copyright:

Available Formats

FILED: ALBANY COUNTY CLERK 01/04/2021 10:22 AM INDEX NO.

STATE OF NEW YORK

THE ROMAN CATHOLIC DIOCESE OF ALBANY, COMPLAINT

LINDA A. LACEWELL, SUPERINTENDENT,

respectfully state as follows:

2. The State’s Abortion Mandate includes a limited “Religious Employer”

exemption based on certification of the exemption criteria.

determination of “Religious Employer” status and qualification to private insurance companies

4. In this action for declaratory and injunctive relief plaintiffs challenge, as

Conscience); § 8 (Free Speech); § 9 (Associational Liberty); Art. IV, § 8 and State

Religion); 1 (Free Speech and Association; and Breach of Contract.

JURISDICTION AND VENUE

Civ. Prac. L. & R. §§ 503(a) and 505(a).

6. The Roman Catholic Diocese of Albany, New York (“Diocese of Albany”) a

7. The Sisters of St. Joseph of Carondelet (“Sisters of St. Joseph”) is a Roman

8. The New York State Catholic Conference (“Catholic Conference”) is an

employees are regulated by the NYSDFS.

9. Linda A. Lacewell is the Superintendent and Chief Executive and Administrative

benefit plan contracts issued in New York State.

issuance of health insurance contracts to employers benefitting employees. CDPHP and

THE ABORTION MANDATE

and content by the NYSDFS. (N.Y. Ins. Law § 3221).

coverages, language and benefits. (N.Y. Ins. Law § 4303).

regulations requiring employers offering health insurance benefits to affirmatively include in

their plan contracts coverage for abortions. 11 NYCRR § 52.1(p).

15. The abortion mandate includes limited “Religious Employer” exemption. 11

or contract holder is a religious employer. 11 NYCRR § 52.16(o)(2)(i).

an affirmation of its compliance with the “Religious Employer” regulatory requirements.

18. Defendants CDPHP and CDPHP-UB required plaintiffs to submit a “Religious

for the exemption.

documentation for proof of each standard of religious employer exemption at 11 NYCRR §

liberty and constitutes an unlawful delegation and usurpation of administrative power.

DECLARATORY AND INJUNCTIVE RELIEF

is regulated by the defendant Lacewell, in her capacity of superintendent of the NYSDFS.

application of the Abortion Mandate.

29. Defendants’ unlawful, unilateral rejection of plaintiffs’ certifications for

assessment, operation and rejection of plaintiffs’ “religious employer” exemption certifications

are unconstitutional and violate plaintiffs’ constitutional rights.

abortion insurance coverage in their health benefit plans.

companies and providers of “religious employer” exemption status following certifications

FIRST CAUSE OF ACTION

incorporates same herein as though fully set forth.

conscience, under Art. 1, § 3 of the New York State Constitution.

35. The unlawful delegation by NYSDFS of standing and authority to determine

§ 3 of the New York State Constitution.

SECOND CAUSE OF ACTION

incorporates same herein as though fully set forth.

§ 8 of the New York Constitution.

and in the daily lives of their employees.

offer abortion coverage as a “benefit of employment.”

41. The NYSDFS unlawful delegation of standing and authority to determine

of Art. 1, § 8 to reserve from all official control.

42. The unlawful delegation by NYSDFS of standing and authority to make

determinations of “Religious Employer” exemption status following certification is

THIRD CAUSE OF ACTION

incorporates same herein as though fully set forth.

44. The unlawful delegation by NYSDFS of standing, authority and determination of

employment activities, to become part of an association or an instrument for fostering public

violates plaintiffs’ constitutional rights of expressive association.

FOURTH CAUSE OF ACTION

incorporates same herein as though fully set forth.

46. The delegation by NYSDFS to private insurance carriers and providers of