Pro-Abortion Jaffee Prepares For Judicial Defeat

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On November 8, 2019, Gov. Andrew Cuomo signed the Boss Bill into law. As many New York Christians will recall, the Boss Law:

  • Bars employers from “accessing an employee’s personal information regarding the employee’s or the employee’s dependent’s reproductive health decision making”;
  • Bans employment discrimination based on “reproductive health decision making, including, but not limited to, a decision to use or access a particular drug, device or medical service”;
  • Forbids employers from requiring employees to sign a “waiver or other document which purports to deny an employee the right to make their own reproductive health care decisions”; and
  • Requires employers with employee handbooks to include information on the Boss Bill within said handbooks.

Under the Boss Law, a Christian charity could be sued for discrimination if it disciplined a male employee for paying for or otherwise facilitating the abortion of his unborn child. The Boss Law contains no exception for faith-based charities.

Two lawsuits have been filed to challenge the constitutionality of the Boss Law. It appears that those lawsuits have the Assembly sponsor of the Boss Law, Asm. Ellen Jaffee (D-Suffern), a bit worried. On January 7, 2020, Asm. Jaffee introduced Bill A.8981-Jaffee. This bill would amend the Boss Law to make its provisions severable. What does this mean? It means that if one of the provisions of the Boss Law were to be thrown out in court, the rest of the law would remain in effect. It seems to us that if the Assemblywoman believed that the Boss Law would withstand the scrutiny of the courts, she wouldn’t be so eager to add severability language to it. This is an encouraging sign.

Friends, let’s pray that this unjust and oppressive law gets relegated to the dustbin of history.