Bismarck Diocese Sues Federal Government Over Abortion, In Vitro Fertilization, and Gender-Based Rights – InForum

BISMARCK — The Catholic Diocese of Bismarck and the Catholic Benefits Association are suing the federal government over recent legislation that increases protections for transgender workers and people seeking reproductive health care.

The complaint cites portions of the Pregnancy Fairness Act, signed into law by President Joe Biden in 2022, which sets out federal protections for workers seeking abortions or fertility treatments.

The document also cites the Equal Employment Opportunity Commission’s new guidelines on workplace harassment, which further provide transgender workers with rights related to pronoun use, restroom access and gender-affirming health care.

The Catholic Diocese of Bismarck is a member of the Catholic Benefits Association. Together, the entities argue the new orders “violate” their rights as religious employers by declaring some of the church’s teachings — which reject abortion, in vitro fertilization and “transgender ideology” — unlawful conduct in the workplace.

“Betrayal” is how the complaint describes the adoption of the rule after pro-life groups endorsed PWFA, allegedly before it even mentioned abortion.

“The EEOC’s regulations betrayed its deep belief that the PWFA exists to protect pregnant women, postpartum mothers and their children, not to compel religious employers to provide material support or engage in speech supporting abortion or immoral fertility treatments,” the complaint said.

It emphasizes that the diocese “does not and will not provide” assistance to employees who perform or order abortions, “immoral fertility treatments,” or transgender affirmations. Such affirmations include using “false pronouns” and allowing “inappropriate access to single-sex spaces” — such as bathrooms.

The authors argue that this provision forces employers of religious beliefs to decide whether to comply with the standards and reject their beliefs, or to defend their ideals and risk penalties.

The Catholic Diocese of Bismarck and the Catholic Benefits Association further argue that the new interpretations of sex discrimination do not protect their religious freedom and contradict the original purpose of Title VII of the Civil Rights Act of 1964, which criminalizes workplace discrimination.

Based on court documents, the EEOC’s defense is consistent with its responses to related issues raised during a fall 2023 public hearing.

The commission said the idea that discussions of religious perspectives related to the aforementioned topics would be considered unlawful harassment is a misinterpretation. It said such conduct would only be punished if it created a “hostile work environment,” which the commission would interpret on a case-by-case basis.

The statement also noted that religious fee waivers continue to be permitted under Title VII, and the EEOC will consider religious fee waiver requests on a case-by-case basis as well.

In a memorandum, EEOC Chairwoman Charlotte Burrows wrote that the request to suspend the rules, filed by the Catholic Diocese of Bismarck and the Catholic Benefits Association, should be denied. Burrows said the entities lack standing because they cannot show harm or confusion resulting from the rules, nor can they prove that the EEOC’s discretionary approach is unlawful.

Attorneys representing the Catholic Diocese of Bismarck and the Catholic Benefits Association asked U.S. District Judge Daniel Traynor to temporarily stay enforcement of the rules while the legal proceedings continue.