吃瓜大本营

The Employee Retirement Income Security Act (ERISA) provides important protections for employees鈥� pensions, but the statute includes an exemption for a 鈥渃hurch plan.鈥� In three consolidated cases, religiously affiliated health care providers argue that their pension plans fall within the 鈥渃hurch plan鈥� exemption, even though the plans were not 鈥渆stablished鈥� by a church. In an amicus brief filed with Americans United for Separation of Church and State and People For the American Way Foundation, the ACLU, ACLU of Illinois, ACLU of Northern California, and ACLU of New Jersey argue that extending the exemption to these large health-care institutions would violate the Establishment Clause by favoring religious employers at the expense of their employees鈥� important statutory rights.

Update (6/21/17): The Supreme Court held on statutory grounds that pension plans established by religiously affiliated health care providers are exempt as 鈥渃hurch plans.鈥�