New York Thinks It Can Invalidate Federal Law

Liberty Counsel is dragging Gov. Kathy Hochul to the U.S. Supreme Court.

Imagine if a state ordered government agencies and private businesses to violate federal law or be shut down. That’s exactly what NY Gov. Kathy Hochul has done.

If the Court does not correct Gov. Hochul’s egregious violations, then any state will be free to openly violate any federal law. The implications are staggering, affecting anything from Title VI race discrimination in education, Title VII religious employment discrimination, Title IX sex discrimination in education, and more.

States could even reintroduce and enforce racial segregation! If you think that’s far-fetched, keep in mind that as a senator, Joe Biden opposed racial desegregation efforts in our schools. Today, with DEI, a state could force employers and schools to segregate those it deems to be part of the so-called “white privilege” class.

Help us BEAT NY at the Supreme Court! Every donation to our legal fund will be DOUBLED in impact by a special Challenge Grant.

Federal law requires covered employers to offer religious accommodation where it does not present an undue hardship. But New York passed a law requiring hospitals and health care employers to IGNORE Title VII federal law that protects an employee’s religious freedom.

Under the hastily passed NY law, any health care business that obeyed federal law by granting EVEN ONE religious accommodation to the COVID shots would be fined daily, have its license revoked, and be shut down.

I cannot overestimate the importance of this case. If we do not prevail, then any state may choose to ignore any federal law.

Last week, Liberty Counsel filed a reply brief to the U.S. Supreme Court in Does 1-3 v. Hochul on behalf of three New York health care workers who were fired for refusing to take the COVID shot due to their deeply held religious convictions.

In 2021, New York enacted a law requiring health care employers to mandate that employees get the COVID shot. The law directed hospitals to “continuously require personnel to be fully vaccinated against COVID-19,” and the law did not authorize any religious exemption. Employers that failed to comply would face daily fines and revocation of their business licenses. The defendant hospitals clearly understood the state’s threat that they would face fines and revocation of their licenses for noncompliance. Every request for a religious exemption was denied.

But this state law directly contradicts Title VII protections against religious discrimination in the workplace. This federal law is not “subservient” to state law. States can grant more rights but cannot take away rights.

It’s almost unbelievable that we have to do this, but we are asking the U.S. Supreme Court to uphold the authority of federal law.

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SCOTUS must resolve this conflict to protect the religious rights of ALL Americans. If unchecked, this decision will allow states to pass laws that force employers, educational institutions, and businesses to violate ANY applicable federal law.

Imaging a state passing a law against Title IX protections by demanding colleges allow men in women’s sports and private spaces. Or a state demanding schools to not admit white students in violation of Title VI. Or, like NY, passing a law demanding no religious accommodation at work.

This problem isn't just affecting our NY health care workers. Some lower courts are upholding federal law over a contrary state law while others are permitting noncompliance in favor of a contrary state law. One case involved a state that tried to undermine protections for the disabled.

If a state is allowed to discriminate against one class — in this case, religious people — then there is nothing to stop a state from discriminating against any other class of people, including on the basis of race, DEI, or whatever.

We cannot allow NY Gov. Hochul’s dangerous, discriminatory precedent to stand. Our reply brief is now before the Supreme Court. Please pray for this case, and please help us fund this lawsuit with a generous contribution to our legal fund. Every donation made today will be DOUBLED in impact by a special Challenge Grant.

Meanwhile in Washington, there is an effort to remove ALL religious accommodation rights via the Equality Act of 2025! Fax Congress now and demand they VOTE NO on the Equality Act!