The California Catholic Conference (CCC) has vowed to continue to fight after the Supreme Court declined Oct. 4 to hear the appeal by Catholic Charities of Sacramento of a ruling that would require some religious organizations to pay for employees' contraceptive insurance benefits.

Without comment, the court rejected an appeal of the March ruling by the California Supreme Court that said Catholic Charities may not be exempted from a 1999 law requiring employers who provide insurance for prescriptions to include contraceptives.

"The court has said that it is okay for organizations to teach that contraception is wrong, yet this decision forces us to buy contraception," said Kevin Eckery, CCC spokesperson. "It's hypocritical at best."

Catholic Charities had challenged the law on the grounds that the church-sponsored organization should not be required to pay for something the church considers to be sinful.

The decision could affect universities, hospitals and social service agencies run by churches of all faiths. The organizations have been required to begin providing coverage for contraceptives while the court case has been pending.

An appeal of at least one other state's similar law is still pending in the courts. The U.S. Supreme Court is often hesitant to accept appeals until after lower courts in different jurisdictions have issued conflicting rulings.

The California's Women's Contraceptive Equality Act has an exemption for "religious employers," but defines those as nonprofit institutions directly involved in inculcating religious beliefs, and whose employees and beneficiaries of services are primarily members of the faith group.

The state court ruling said Catholic Charities does not qualify under the provision because it offers secular services to the public without regard for the recipients' beliefs and without preaching about Catholic values. Catholics do not make up either a majority of its employees or a majority of the recipients of its services.

Eckery noted that the law behind this decision is wrong.

"The law is drawn so narrowly as to exclude fundamentally religious organizations like Catholic Charities because they serve more than just Catholics," said Eckery. "St. Francis said, 'You should preach the Gospel at all times and use words when necessary.' Catholic Charities is spreading the Gospel through its work."

California Attorney General Bill Lockyer hailed the Supreme Court decision asserting, "The decision ensures that this landmark law stands, providing a huge victory for working women who have suffered unfair and unjust prescription discrimination. As the California courts have consistently ruled, non-religious employers cannot discriminate against women in the workplace based on their employers' religious beliefs."

In his appeal to the federal court, Catholic Charities' attorney Kevin Baine said the implications of the ruling extend beyond the law covering contraceptives.

"If the state of California can coerce Catholic agencies to pay for contraceptives, it can force them to pay for abortions," Baine's appeal said.

A California deputy attorney general had argued that Catholic Charities could get around the law by not offering prescription insurance to employees. But, as the U.S. Conference of Catholic Bishops said in an amicus, or friend-of-the-court, brief to the California Supreme Court, "As a matter of social justice, Catholic Charities considers it a religious duty to provide such coverage."

Twenty other states have laws requiring that contraceptives be included in employee prescription coverage.

An appeal of the New York law is still pending in the state's intermediate appeals court, said USCCB General Counsel Mark Chopko. It is likely to be argued in December or January, he said.

Michelle Gahee contributed to this story.