Cedar Park Assembly of God v. Myron Kreidler
20-35507
| 9th Cir. | Jul 22, 2021Background
- Cedar Park Assembly of God (religious employer in Washington) sued after SB 6219 was enacted and its insurer, Kaiser Permanente, stopped offering a health plan that restricted abortion coverage. Cedar Park could not obtain comparable replacement coverage.
- District court dismissed Cedar Park’s complaint for lack of standing; Cedar Park appealed to the Ninth Circuit.
- Cedar Park alleged injury-in-fact (loss of desired restricted plan) fairly traceable to SB 6219 and sought an injunction to restore its ability to obtain such plans.
- The State argued there was no injury because SB 6219 did not bar insurers from offering restricted plans, other insurers offered acceptable plans, and Kaiser had previously erred in issuing a policy covering abortion.
- Cedar Park also pleaded an equal protection claim based on SB 6219’s interaction with Washington’s conscience-objection statute; the court addressed standing for that claim. Cedar Park forfeited any separate Establishment Clause standing argument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing: injury-in-fact, traceability, redressability | Kaiser removed Cedar Park’s abortion-coverage restrictions because of SB 6219, causing a concrete injury; injunction would let Cedar Park obtain a similar plan | SB 6219 did not prevent insurers from offering restricted plans; other insurers provided acceptable plans; Kaiser’s prior issuance of a covering policy was an error | Reversed in part: complaint plausibly alleged injury fairly traceable to SB 6219 and redressable; prior Kaiser error irrelevant to standing |
| Standing to pursue Equal Protection claim | SB 6219 interacting with the conscience-objection statute treats Cedar Park differently, denying equal treatment | Religious organizations that buy coverage are not similarly situated to providers who deliver health services | Affirmed in part: Cedar Park failed to plausibly allege an injury-in-fact for equal protection; providers not similarly situated; claim dismissed |
Key Cases Cited
- Southcentral Foundation v. Alaska Native Tribal Health Consortium, 983 F.3d 411 (9th Cir. 2020) (review standard and standing principles)
- Skyline Wesleyan Church v. Cal. Dep’t of Managed Health Care, 968 F.3d 738 (9th Cir. 2020) (evidence that a plaintiff previously obtained a plan supports redressability)
- Scott v. Pasadena Unified Sch. Dist., 306 F.3d 646 (9th Cir. 2002) (equal protection standing and similarly situated analysis)
- City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (1985) (framework for determining whether parties are similarly situated for equal protection)
- Smith v. Marsh, 194 F.3d 1045 (9th Cir. 1999) (forfeiture doctrine for arguments omitted from opening brief)
