Diverse religious groups are petitioning the US Supreme Court to hear a challenge to New York state's requirement for health insurance coverage for abortions.

The petitioners include faith-based groups that provide nursing home services for the elderly, religious schools, and other ministries with different charitable missions.

They have asked the justices to review a lower court's refusal to block New York's requirement that health care coverage include abortions, The Washington Times reports.

In Albany v. Harris, a group of Anglican and Catholic nuns, Catholic dioceses, Christian churches, and faith-based social ministries initially sued over the mandate in 2017.

After New York courts declined to protect the religious institutions, the law firm Becket and Jones Day asked the Supreme Court to step in.

New York State issued a rule in 2017 that bans health insurance policies from excluding coverage for medically necessary abortions.

The petitioners assert that the rule only has a limited exception for religious groups, including people who employ or teach those of the same faith.

They also argue that he medically necessary aspect of the rule is unclear and could include babies with a Down syndrome diagnosis.

"All these organizations are religiously opposed to abortion; no one has questioned the sincerity of their beliefs," read their petition filed Sept. 17 with the high court.

Lower courts have sided with the state, reasoning the exemption was consistent with precedent and is neutral when applied to all religions.

While some were granted religious exemptions, the state narrowed those exemptions to include only religious groups that primarily teach religion and organizations that primarily serve and hire those who share their faith, according to Live Action a pro-life advocacy group.

The group noted that New York Governor Kathy Hochul spoke out against the religious organizations in June after a lower court upheld the state's law, calling those who value the protection of the preborn "right-wing extremists."

"While right-wing extremists attempt to undermine our fundamental freedoms, New York will continue standing strong to protect women's health care and safeguard abortion rights," Hochul said at the time.

The groups are being represented by law firms Becket and Jones Day.

The narrow definition, however, disqualified many religious communities that serve the poor and needy regardless of religious background.

New York courts again ruled against the petitioners, even after the Supreme Court first remanded the issue back for reconsideration following the justices' 2021 decision in a dispute over a city refusing to allow religious organizations to place foster children if they did not serve LGBTQ couples.

That case, Fulton v. City of Philadelphia, reasoned that the city had discriminated against Catholic Social Services for refusing to work with the organization over its position on same-sex couples.

"New York's abortion mandate is so extreme that not even Jesus, Mother Teresa, or Mahatma Gandhi would qualify for an exemption," said Eric Baxter, vice president and senior counsel at Becket, which is representing the religious challengers.

"The justices should exempt religious organizations once and for all so they can focus on caring for the most vulnerable."

It would take four justices to vote in favor of hearing the dispute for oral arguments to be granted for the courts next term, which begins in October.

"Religious groups in New York should not be required to provide insurance coverage that violates their deeply held religious beliefs," said Noel J. Francisco, partner-in-charge of Jones Day's Washington office. "We are asking the court to protect religious freedom and make clear that the mandate cannot be applied to this diverse group of religious organizations."

A spokesperson from New York's Financial Services Department, the named defendant in the case, did not immediately respond to a request for comment.

A spokesperson from New York's governor's office declined to comment on active litigation, according to The Washington Times..

The case is Roman Catholic Diocese of Albany et al., v. Adrienne A. Harris, superintendent of New York State Department of Financial Services.