Are Religious Healthcare Systems “Churches”?
Short video featuring Eric Rassbach
What are the limits of what constitutes a “church” under ERISA, the Employee Retirement Income Security Act? Eric Rassbach, Deputy General Counsel for The Becket Fund for Religious Liberty, explains the upcoming Supreme Court Case, Dignity Health v. Rollins. The “Dignity Case” highlights the ambiguity of the definition of “church-established enterprises,” such as the health care systems of religious organizations, and how they are impacted by the parameters of what constitutes religious exercise.
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Vice President and Senior Counsel, The Becket Fund for Religious Liberty
Eric Rassbach is Vice President and Senior Counsel at the Becket Fund for Religious Liberty, where he has served since 2003. He has briefed over 90 cases at the United States Supreme Court and has led or been a part of Becket litigation teams in each of Becket’s pathbreaking victories there, including Hosanna-Tabor, Hobby Lobby, Holt v. Hobbs, Zubik v. Burwell, Agudath Israel of America v. Cuomo, and Fulton v. Philadelphia. In 2020, Eric argued Our Lady of Guadalupe School v. Morrissey-Berru to the Supreme Court, garnering a 7-2 win for his Catholic school clients. Eric has also briefed and argued cases in federal appeals courts and state supreme courts across the nation. Eric has also represented clients in appeals to the European Court of Human Rights in Strasbourg, France and in the highest courts of several other countries.
Eric believes passionately in the right of all people to the full measure of religious liberty and has represented members of almost every religious group present in the United States, including Buddhists, Christians, Hindus, Jains, Jews, Muslims, Native Americans, Santeros, and Sikhs, as well as many governmental entities targeted for accommodating religion.
Eric frequently comments on church-state issues in the media, including the New York Times, the Washington Post, the Wall Street Journal, and other major press outlets. He has published legal scholarship in the Harvard Law Review Forum, the Tennessee Law Review, the Illinois Law Review, the Cato Supreme Court Review, and other legal journals, and often speaks to law school audiences.
Before joining Becket, Eric worked at Baker Botts LLP in Houston, where he worked in international project finance. He also served as a law clerk to United States District Court Judge Lee Rosenthal in Houston, Texas.
Eric graduated from Haverford College with a degree in Comparative Literature, is a member of Fitzwilliam College, University of Cambridge, and is a graduate of Harvard Law School. Eric was a 2012-2013 Wasserstein Public Interest Fellow at Harvard Law School. He is Visiting Professor and Executive Director of The Hugh and Hazel Darling Foundation Religious Liberty Clinic at Pepperdine University Caruso School of Law in Malibu, where he leads students in litigating cases in American courts. He is also an Associated Scholar with the Centre for Religious Freedom at Jagiellonian University in Kraków, Poland. Eric is admitted in Texas, DC, California, and Ireland.