Jews, Espiscopalians, Unitarians, Satanists and other people of faith say the laws infringe on their religious rights
WEBSTER GROVES, Mo. — Revs. Jan Barnes and Krista Taves have logged hundreds of hours standing outside abortion clinics across Missouri and Illinois, going back to the mid-1980s. But unlike other clergy members around the country, they never pleaded with patients to turn back.
In fact, many of the lawsuits are wielding religious protection laws enacted by anti-abortion state officials to target those officials’ own restrictions on the procedure. A Pence spokesperson characterized the lawsuit as a “pursuit to legalize abortion up to and even after birth. They added: “It will probably strike Americans as pretty tasteless to call the latest iteration of their abortion crusade as a cause ‘for good’ and a source of ‘joy.’”
Shlomo C. Pill, a lecturer at the Emory University School of Law who specializes in religious rights, said the lawsuits have “a strong basis and should be successful,” particularly after a series of Covid-19-related cases paved the way for more religious exemptions.
In Florida, clergy representing Reform Judaism, Buddhism, the Episcopal Church, the United Church of Christ and the Unitarian Universalist Churchboth to overturn the state’s 15-week abortion ban, and — if that fails — to secure religious exemptions. Their case makes free speech arguments as well — claiming that state bans on “aiding and abetting” abortions are muzzling clergy members who want to offer counseling to parishioners grappling with whether to terminate a pregnancy.
These cases are unlikely to restore abortion rights at the federal level given the weaker religious rights protections in the U.S. Constitution compared to many state constitutions as well as the federal judiciary’s rightward tilt. “The arguments are quite powerful for creating religious exemptions in the reproductive context under First Amendment doctrine and under state laws for Free Exercise,” said Micah Schwartzman, director of theat the University of Virginia Law School. “What judges do with them is another story.”
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