ERISA is a federal law that sets minimum standards for pension plans in private industry. [Source]

Berry is arguing here that federal minimum standards don’t matter. If your state wants to ban abortion, your insurance doesn’t have to cover anything to do with it. He’s also couching surrogacy as “anti-life”, which is insane. I don’t know how that thought process even takes place. (Surrogacy is when a baby is voluntarily carried by a woman who isn’t the child’s biological mother, usually done because the biological mother is unable to safely carry a pregnancy to term.) Surrogacy is also sometimes used to enable same-sex male couples to have biological children. I’m guessing that’s the practice that so badly offends Berry. It is NOT, however, “anti-life.”

Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.