Pro-Lifers Sue New York Over Birth Control Discrimination Law

NEW YORK CITY — A pro-life group is making moves to overturn New York's Boss Bill, arguing it says limits freedom of speech by forcing them not to discriminate against birth control users.

The Evergreen Association filed suit in Manhattan Criminal Court Tuesday against Gov. Andrew Cuomo for signing the 2019 labor law and Attorney General Letitia James for enforcing it.

“New York’s discriminatory laws undermine our charitable mission," Director Chris Slattery said in a statement. "How could we in good conscience hire someone who advocates abortion to encourage expectant mothers not to pursue that deadly route?”

Evergreen is a Yonkers-based nonprofit that runs the pregnancy centers Expectant Mother Care in Downtown Brooklyn and EMC Frontline Pregnancy in The Bronx.

Expectant Mother Care's New York City centers came under fire about a decade ago amid reports that staff dressed like medical professionals and urged clients not to seek abortions without disclosing their organization's pro-life mission.

The findings eventually spurred New York City lawmakers to tighten regulations on the centers, mandating staff disclose whether they have a licensed medical professional on staff.

Advocates told horror stories of women's encounters with various city pregnancy centers. One woman was told she would "bleed out" and go into a coma if she got an abortion, according Christina Chang, head of public affairs for Planned Parenthood of New York City, told Patch in 2017.

Staff at another center told a woman she was at Planned Parenthood, then told her to leave after discovering she wasn't pregnant, Chang said.

Years later, Evergreen is now challenging two laws — a New York State labor law and New York City administrative code — both of which prohibit discrimination based on reproductive health choices to use birth control or seek abortion.

Evergreen, represented by the nonprofit law firm The Thomas More Society, argues hiring people who have abortions would present an "existential threat" to its "sexual morality" beliefs.

"Forcing them to hire someone who promotes abortion would completely undermine their mission,” said attorney Timothy Belz in a statement.

“It’s ludicrous and tramples all over Expectant Mother Care and EMC Frontline’s right of expressive association."

Evergreen also said it was threatened financially by the Boss Bill's mandate that violators pay damages — back pay and attorney fees, for example — and fines.

The group seeks a declaration that both laws are unconstitutional.

The Attorney General's office did not immediately respond to Patch's request for comment.