A Catholic diocese will appeal after New York’s highest court ruled the Empire State can continue to require employers with health insurance plans to cover what it called ‘medically necessary’ abortions.

The Diocese of Albany, and other faith-based groups, challenged the regulation, arguing its exemption for religious employers was too narrow and could force some employers and church-run organisations such as hospitals and food-banks to violate their religious beliefs.

At stake, they argued, “is regulatory action by a state to require religious organizations to provide and pay for coverage of abortion in their employee health plans.”

“We believe this is unconstitutional since it involves government entanglement in the fundamental rights of free exercise of faith and conscience,” the statement said. “The final decision on constitutionality will be by the United States Supreme Court.”

The challengers argued that the original regulation was intended to exempt employers with religious objections, but that it was later narrowed to cover religious groups that primarily teach religion and mostly serve and hire only those who share their faith. In effect, groups such as Catholic Charities, which seek to serve those in need regardless of their faith, wouldn’t qualify.