Religion and Abortion

As I type this post, the Supreme Court is listening to arguments in Dobbs v. Jackson Women’s Health Organization. In that case, JWHO is challenging a Mississippi law that bans [updated] most abortions in the state after fifteen weeks of gestation (with no exception for rape or incest). Mississippi, on the other hand, is asking the Supreme Court to overturn Roe v. Wade (and,, in fact, appears to have passed its law precisely because it thought the Supreme Court would do so).

There’s a popular narrative in the U.S. that there is a single religious view on abortion: that it’s wrong and should be banned. But that view is both overly-simplistic and wrong. There is an enormous range of religious views on abortion. On the one hand, Catholicism opposes abortion, along with capital punishment and the death penalty, as part of its dedication to the sanctity of human life.

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The Texas Abortion Ban and the Death of Constitutional Rights

Got your attention? Great!

As I’m sure you’ve heard, the Supreme Court didn’t stop a Texas law that bans abortions performed by Texas physicians after six weeks from going into effect.

The Texas law is clearly unconstitutional. Whether or not you think the right to abortion should be a constitutional right, there is no question under Supreme Court jurisprudence that it is. And the Supreme Court has never allowed a six-week abortion ban to go into effect before, even temporarily.

So what’s different about this Texas ban? Enforcement. Usually statutes that prohibit abortion are enforced by the state government. That means that procedurally, pre-enforcement challenges are straightforward: you sue the government, which would enforce the law, and your case works its way through the court system. If the courts think you have a reasonable chance of winning, they can issue an injunction, preventing the law from going into effect until there has been a full hearing.

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Stand with Muslims as they fight against bigotry

rally

Carolyn at the impromptu Muslim Ban protest march on January 29, 2017

The Supreme Court hears arguments on the Muslim Ban tomorrow.  I’ll be in the courtroom, and with hundreds of civil rights supporters at the rally on the courthouse steps.  Join me.  As the Fourth Circuit has declared, the Muslim Ban violates the Establishment Clause and is “unconstitutionally tainted with animus towards Islam.”

Everytime I talk to Muslim friends, colleagues, and even taxi drivers, I hear the same themes over and over again – children bullied as “terrorists” at school, women harangued for wearing headscarfs (with aggressors sometimes forcibly yanking religious headcoverings off), graffiti and vandalism to businesses, threats and firebombs at mosques.

 

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Obergefell and BYU’s Tax Exemption

On April 28, the Supreme Court heard arguments in Obergefell v. Hodges, which challenged both the constitutionality of state bans on same-sex marriage and of states’ nonrecognition of same-sex marriages performed in other states.

By the end of June, the Justices will have decided and we’ll know the constitutional status of same-sex marriage bans in the United States. But that doesn’t mean all questions will be resolved; in fact, an exchange between Chief Justice Roberts, Justice Alito, and Solicitor General Verrilli piqued the interest of a lot of people, especially those invested in religious educational institutions.  [Read more…]