Religious Freedom Arguments Underpin Wave of Challenges to Abortion Bans

After she obtained the remedy, the method took a special flip. Via Zoom, a minister prompted Mikayla to look in a mirror to mirror on self-empowerment and recite: “One’s body is inviolable, subject to one’s own will alone.” After swallowing the primary capsule within the two-drug routine, Mikayla recited a tenet about prioritizing science. The minister suggested that after the being pregnant tissue was finally expelled, Mikayla might recite: “By my body, my blood. By my will, it is done.”

Legal specialists stated some non secular freedom lawsuits in search of abortion rights may succeed, given current Supreme Court choices that “supported religious exemptions even in cases where there are really strong health and safety issues,” stated Elizabeth Reiner Platt, director of the Law, Rights and Religion Project at Columbia University. Arguments for exemptions may also be persuasive as a result of most abortion bans have some exceptions, like rape, specialists stated.

“These should be very strong, compelling cases, but I also acknowledge that this is a highly political issue,” Ms. Platt stated.

Josh Blackman, a professor at South Texas College of Law Houston who has criticized the lawsuits, questioned the plaintiffs’ authorized standing, saying, “A lot of these women are sort of making prospective claims that, One day, I might be pregnant, and one day, I might have this problem and that might require me to have an abortion.”

He stated some plaintiffs might have religiously honest “extenuating individual circumstances,” however that permitting widespread exemptions might undermine the legislation’s bigger function.

Whichever approach courts rule could possibly be groundbreaking.

“We’re in a completely new landscape,” Ms. Platt stated.

Adria Malcolm contributed reporting from Albuquerque.