Our Catholic-dominated Supreme Court surprised some observers yesterday, deciding not to rule in a case involving Catholics and artificial birth control:

The court issued a list of cases it would not hear this year. No explanation was given for the justices’ decision not to consider the cases.

Among them was the dispute over a New York state law that forces religious-based social service agencies to subsidize contraceptives as part of prescription drug coverage they offer their employees.

New York is one of 23 states that require employers offering prescription benefits to employees to cover birth control pills as well. The state enacted the Women’s Health and Wellness Act in 2002 to require health plans to cover contraception and other services aimed at women, including mammography, cervical cancer screenings and bone density exams.

Catholic Charities and other religious groups say that New York’s law violates their First Amendment right to practice their religion because it forces them to violate religious teachings that regard contraception as sinful. Religious groups argue that the beliefs of the employer must dominate; their opponents counter that the ethical beliefs of employees must be respected.

“Every state court that has heard this case has affirmed that the law helps to provide access to basic health care. Today’s decision by the Supreme Court not to consider the case protects the religious freedom of women and families,” said JoAnn M. Smith, president and CEO of Family Planning Advocates of New York State.

The New York law has an exemption for churches, and the plaintiffs in the Catholic Charities lawsuit included two Baptist churches. In 2004 before the arrival of Chief Justice John Roberts and Justice Samuel Alito, the court declined to hear a similar case brought by Catholic Charities of Sacramento, Calif., which did not include any churches as plaintiffs.

“We thought the addition of Roberts and Alito and the fact that we included churches would make a difference. It didn’t. I think the battle has been fought and lost,” said Dennis Poust, spokesman for the New York State Catholic Conference, the public policy arm of the state’s Catholic bishops.

UPDATE: Reports out of upstate New York indicate bishops are trying to find a way around this latest development:

New York’s Roman Catholic bishops could drop prescription drug benefits in the church’s employee health plans to circumvent a state law that forces religious groups to provide insurance that pays for prescription contraception.

Dennis Poust, director of communications for the New York State Catholic Conference, discussed the possibility Monday after the U.S. Supreme Court refused to consider a case in which church groups argued that paying for contraception violates their principles.

“The state has put us in an untenable position,” Poust said. “We teach contraception is sinful, but we teach that everyone has a right to health care. It is a Catch 22.”

Dioceses could cancel prescription coverage and provide a stipend to pay for prescriptions, he said. Or dioceses could opt for self-insurance, which is not subject to state mandates.

“From a moral theology perspective, it’s one step removed from the sinful act,” Poust said.

Last October, the New York State Court of Appeals upheld an earlier ruling by the Appellate Division of state Supreme Court, rejecting religious groups’ arguments that the 2002 Women’s Health and Wellness Act violates religious freedom.

Ten religious organizations in New York, including Bishop Ludden High School in Geddes, sued the state in December 2002, claiming the law – which requires health insurers to provide coverage for obstetric and gynecologic care – should include a religious exemption for organizations that do not support birth control.

In 2004, the Supreme Court declined to review a similar case argued by the California Catholic Conference.

According to a spring LeMoyne College/Zogby International poll, 67 percent of American Catholics disagree with church teaching that artificial birth control is wrong.

Betty DeFazio, speaking for Planned Parenthood of the Rochester/Syracuse Region, said the state and federal courts have made the right decision in upholding the law.

Stay tuned. This story isn’t over yet.