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Second Circuit – First Amendment: CompassCare v. Hochul

Daily Record Staff//February 18, 2025//

Second Circuit – First Amendment: CompassCare v. Hochul

Daily Record Staff//February 18, 2025//

United States Court of Appeals for the Second Circuit

First Amendment —Expressive-association

CompassCare v. Hochul

22-951-cv(L)

Judges Perker, Perez, and Merriam

Background: The plaintiffs challenged the constitutionality of Section 203-e of New York’s Labor Law which prohibits discrimination based on an employee’s or a dependent’s reproductive health decision making. The plaintiffs’ expressive-association, speech, free exercise, religious autonomy, and vagueness claims were dismissed.

Ruling: The Second Circuit vacated and remanded. The court held that an employer may have an associational-rights claim if the act forces the employer to employ individuals who act or have acted against the very mission of its organization.

Jonathan Caleb Dalton, of Alliance Defending Freedom, for the plaintiffs-appellants-cross-appellees; Laura Etlinger, of the NYS Office of the Attorney General, for the defendants-appellees-cross-appellants.

Oral argument audio

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