A federal judge in Northern California is considering whether to compel the testimony of a Catholic bishop in a lawsuit alleging that a hospital denied emergency abortion care. The decision rests with Humboldt County Superior Court Judge Timothy Canning, who agreed to review arguments presented on Monday regarding the scope of religious protections for church leaders.
The case involves Providence St. Joseph Hospital and a plaintiff identified as “Jane Roe.” She alleges the facility violated state laws requiring emergency departments to stabilize patients by refusing to terminate her pregnancy on three separate occasions. The lawsuit also cites violations of civil rights statutes and seeks damages along with a permanent injunction against similar future conduct.
The Plaintiff’s Allegations
According to court filings, the plaintiff experienced significant delays and denials of care. On one occasion, she was turned away from the hospital and subsequently miscarried in her obstetrician’s office the following morning. In another instance, while in active labor, she was forced to travel 5.5 hours by car to San Francisco after being refused treatment at St. Joseph Hospital.
Attorney Rachel Miller-Ziegler stated that there is a “disputed factual issue” regarding the hospital’s abortion policy. Treating physicians claimed they were required to delay care due to a fetal heartbeat policy, yet hospital attorneys have not produced a specific written document outlining this rule. Miller-Ziegler noted that St. Joseph Health Northern California, LLC (SJH) has allegedly obstructed discovery efforts in other areas of the case.
Religious Freedom and Church Autonomy
The legal dispute centers on the Catholic Ethical and Religious Directives (ERDs), which prohibit abortions except when the alternative is the death of both mother and child. SJH attorneys argue that forcing Bishop Robert F. Vasa to testify would violate the First Amendment’s free exercise clause.
Bishop Vasa heads the Diocese of Santa Rosa, which covers six California counties including Humboldt. He is responsible for ensuring the “Catholicity” of Catholic organizations in the region and previously notified Providence that its agreement with the state violated Catholic rules. The hospital’s operating agreement requires it to operate in line with the ERDs.
“The hospital is not just a hospital with a cross on it,” said Harvey Rochman, an attorney for SJH. He argued that the church is woven into every level of the institution and that communications between Bishop Vasa and the hospital are protected as internal church matters under the Church Autonomy Doctrine.
Rochman stated that deposing Vasa “would chill the free exercise of religion” by forcing a bishop to share information that would be used against the Church to establish liability. The attorneys seek guidance from the judge on whether the bishop’s role in overseeing pregnancy care policies places him outside the scope of standard civil discovery.
Broader Legal Context
This case is part of a larger legal challenge to emergency abortion care at Catholic hospitals in California. Two similar lawsuits are currently ongoing. One was filed by the state Attorney General’s Office, where attorneys indicated they continue to engage in settlement discussions. The other was filed by the National Women’s Law Center on behalf of Eureka chiropractor Anna Nusslock.
In the Nusslock case, SJH attorneys are attempting to block the deposition of a former Providence employee who held the title of Executive Vice President and Chief Mission & Sponsorship Officer. The defense argues that his role was purely religious and that he did not set policy, drawing a parallel to the protections sought for Bishop Vasa.
Judge Canning has taken the matter under submission. While he has 90 days to issue a written ruling, he aims to decide sooner. The outcome could set a significant precedent for how courts balance patient rights in emergency medical situations against the religious autonomy of Catholic healthcare institutions.
