Court asks Solicitor General to weigh in — a promising step toward renewed clarity on religious liberty
WASHINGTON — The Alliance of Health Care Sharing Ministries (Alliance) today welcomed the U.S. Supreme Court’s decision to invite Solicitor General D. John Sauer to file a brief in Breanna Renteria et al. v. New Mexico Office of the Superintendent of Insurance et al., calling this an encouraging indication that the Court sees national importance in questions surrounding religious liberty and Health Care Sharing Ministries.
Although the Court did not yet grant certiorari — the formal step of agreeing to hear a case — the request for the Solicitor General’s view signals serious consideration of the petition, which asks the Court to resolve confusion among lower courts about how the First Amendment protects faith-based organizations from government overreach.
“We are encouraged by the Supreme Court’s clear interest in this case, as their invitation to the Solicitor General underscores its importance,” said Katy Talento, executive director of the Alliance of Health Care Sharing Ministries. “We hope the Solicitor General will recognize the need for the Supreme Court to enforce or further clarify its precedents in the Smith and Tandon rulings and urge the Court to protect religious liberty from government overreach.”
The case arose when New Mexico state regulators ordered Gospel Light Mennonite Church Medical Aid Plan, a Health Care Sharing Ministry (HCSM), to cease operations, asserting it was acting as an unlicensed insurer. Petitioners, who are members of the ministry, argue that the order violated both their sincerely held religious beliefs and federal law, which explicitly distinguishes HCSMs from insurance under the Affordable Care Act.
In an amicus curiae brief filed earlier this year, the Alliance urged the Court to correct what it called a misreading of precedent by the U.S. Court of Appeals for the 10th Circuit, which introduced a new “primary purpose” test that penalizes ministries whose missions are explicitly faith-driven. The Alliance contends that this approach departs from the Supreme Court’s guidance in Employment Division v. Smith (1990) and Tandon v. Newsom (2021).
“We are hopeful that the Solicitor General will appreciate how vital this issue is for all faith-based organizations that serve the public consistent with their beliefs,” Talento said. “Ultimately, we pray the Court will seize the opportunity to restore consistent, constitutional protections for ministries of every faith.”
If the Solicitor General files a supportive brief, the justices could later vote to hear the case — a move that would set up a landmark review of how far governments may go in regulating religious entities that are not commercial insurers.
“This step keeps the door open for a much-needed clarification of the Smith standard,” Talento added. “The Alliance remains encouraged and prayerful that the Court’s interest will lead to stronger safeguards for the free exercise of religion.”
Founded in 2007 and headquartered in Washington, D.C., the Alliance of Health Care Sharing Ministries is a 501(c)(6) trade organization representing the common interests of Health Care Sharing Ministries, which facilitate the sharing of health care needs — financial, emotional, and spiritual — by individuals and families. The Alliance engages with federal and state regulators, members of the media, and the Christian community to provide accurate and timely information on health care sharing.
To learn more about the Alliance of Health Care Sharing Ministries, visit www.ahcsm.org or follow the ministry on Facebook or Twitter.
###
To interview a representative from the Alliance of Health Care Sharing Ministries, contact Media@HamiltonStrategies.com, Beth Bogucki, 610.584.1096, ext. 105, Dawn Foglein, ext. 100, or Richard Jefferson, rjefferson@hamiltonstrategies.com.