State of the Nation: Legislation that Affects Churches

As American citizens and Christians, it is essential to have a clear understanding of the laws and policies that govern our land. At present, there are several critical issues that state legislatures across the United States are addressing. These regulations impact various aspects of our lives, including our finances, investments and insurance.

Staying up to date on these matters is critical. That’s why the GuideStone® team is dedicated to providing you with the necessary resources to be and stay informed.

These issues include but are not limited to:

1. Abortion, Contraception and Abortifacients

On June 24, 2022, the United States Supreme Court released its decision in Dobbs v. Jackson Women’s Health Organization, overturning the constitutional right to abortion. The Dobbs decision fully overturned Roe and Casey and returned abortion policy decisions to state governments.

Because of this ruling, all 50 state legislatures can now pass legislation pertaining to these topics, and it’s important to understand the laws being passed in your state about these policy issues.

Let’s take a look back at these historical cases in abortion legislation.

Roe v. Wade (1973) – the U.S. Supreme Court ruled that the right to abortion is protected under the Constitution, overriding many federal and state abortion laws that were in effect at that time.

Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) – the Court ruled that restrictions on abortion are unconstitutional if they place an “undue burden” on a woman.

Gonzales v. Carhart (2007) - the Court upheld the federal ban on the rarely used partial-birth abortion procedure.

Dobbs v. Jackson Women’s Health Organization (2022) - in response to the question if all pre-viability abortions were unconstitutional, the Supreme Court overturned Roe and Casey, and Justice Alito held that there is no constitutional right to abortion.

2. Post-Dobbs Decision Developments

Since the Dobbs decision in 2022, many states have implemented their own abortion bans, limits and provisions.

According to the Kaiser Foundation as of time of writing*:

• 14 states have banned abortion.
• 1 state has a 6-week gestational limit on abortion in effect.
• 10 states have a 15-22 week gestational limit in effect.
• 6 states have passed laws specifically banning telehealth for abortion provision.
• In 25 states and Washington D.C., abortion remains legal beyond 22 weeks
• As of January 2023, 14 states have pending legal challenges to abortion bans or restrictions.

3. Employer Opt-Out Policies

For the most part, many state legislatures stay away from passing legislation that infringes on a person’s religious beliefs. However, some states walk perilously close to the line, passing legislation that requires religious employers to opt out of certain group health or retirement benefits. For example, the state of Colorado passed HB22-1008, Implementation of Infertility Coverage Bill, in 2022, requiring large group health plans to offer mandatory coverage for fertility diagnosis and treatment and fertility preservation services (fertility services).

• In Colorado, religious employers must request an exclusion from the infertility coverage requirement if the coverage conflicts with the religious organization’s bona fide religious beliefs and practices.
• The religious employer that obtains an exclusion is required to provide its employees with reasonable and timely notice of the exclusion.

Do Your Research

At GuideStone, we recognize the significance of being well-informed and knowledgeable about the legislative trends that affect churches and ministries.

Be sure to read and watch the news — following reputable and balanced sources — when important policies are being discussed throughout the year. Don’t be afraid to search online as well, taking care to vet sources for veracity and dependability.

To search for laws and proposals on the above-mentioned topics as well as other issues that might impact your church or Christian organization, visit your state’s legislative websites and seek advice from your legal counsel. You can also check out the National Conference of State Legislature, NCSL.org, or the U.S. Congress website, Congress.gov.

GuideStone understands the unique situations and challenges that churches, ministries and Christian nonprofits face. We are here to support, advocate for you and provide quality health coverage that doesn’t compromise on biblical values. Learn more at GuideStone.org/HealthPlans.