Satanic Temple says religious freedoms exempt abortion rights from state laws
(KUTV) — The Satanic Temple says its members' religious rights are exempt from state laws or regulations that hinder access to abortion services.
"TST bases its assertions of abortion mandate exemptions on the protections provided by State Religious Freedom Restoration Acts or RFRA, which generally prohibits the government from substantially interfering with a person’s free exercise of religion," TST said in a press release. It claims first trimester abortions are religious for its members, so its members cannot be denied access to such procedures.
In 2014 the Supreme Court ruled that business Hobby Lobby had the right to not cover birth control as part of health care for its employees because of its religious beliefs that viewed it as immoral, disregarding a health care law that required it.
Many states, including Utah, have recently passed restrictive abortion laws. The law passed this year in Utah and signed by Gov. Gary Herbert, would ban most abortions with exceptions made only for incest or if the mother's life is in danger. The law will only take effect if the U.S. Supreme Court upholds that abortions can be banned at the state level, overturning a long-standing ruling. To read Utah's abortion law read: le.utah.gov/~2020/bills/static/SB0174.html.
The Satanic Temple contends, though an announcement, that its "its religious abortions during the first trimester are exempt from state regulations that hinder access to pregnancy termination services and serve no medical purpose."
The Religious Freedoms Restoration Act was introduced by Chuck Schumer and Ted Kennedy and passed both House and Senate virtually unanimously and was signed by President Bill Clinton in 1993. In a 5-4 Supreme Court decision it was ruled that the federal-only law, intended for religious non-profits, could also be applied to a for-profit business.
"Many states have laws that interfere with our members’ ability to practice their religious beliefs. No Christian would accept a mandatory waiting period before they can partake in Communion," Jane Essex, TST reproductive rights spokeswoman said. "No Christian would tolerate a law that insists state counseling is necessary before someone can be baptized. Our members are justly entitled to religious liberty in order to practice our rituals as well."
In 1973 the U.S. Supreme Court ruled that a woman has the freedom to choose an abortion without excessive government restrictions, striking down many state and federal abortion laws. It said in a 7-2 decision that Due Process clause of the Fourteenth Amendment to the U.S. Constitution protects a pregnant woman's right to choose an abortion but that right isn't absolute. At the time in Texas, where the case started, abortions were only allowed in circumstances similar to Utah's current 2020 abortion law in waiting.
TST says its abortions are religious and thus protected.
"The law is clearly on our side. If RFRA states do not want to recognize our rights, they will ultimately have to claim that our abortions are not satanic," Essex said. "Given that many people fanatically insist that all abortions are satanic, the states’ argument will be very unpopular. Not only will those who deny Satanists their religious freedom be denounced by defenders of liberty, but they will also be detested by those who demonize abortion. Hopefully, states will do the right thing and respect our legal rights."
The third tenent of TST's seven is "One’s body is inviolable, subject to one’s own will alone."
The organization's website says: "The Mission Of The Satanic Temple Is To Encourage Benevolence And Empathy, Reject Tyrannical Authority, Advocate Practical Common Sense, Oppose Injustice, And Undertake Noble Pursuits."
The Guttmacher institute tracks abortions laws and says state laws include:
- 39 states require abortion to be performed by licenses physician, 19 to be performed in hospital after a specified pregnancy point, 17 require a second physician after specified pregnancy point
- 43 states prohibit abortion after a specified point in pregnancy, except to protect a woman's life or health
- 12 states restrict payment for abortion to private insurance plans, most allow additional abortion coverage at additional cost
- 45 states allow health care providers to refuse to participate in abortion, 42 allow institutions to refuse to perform them, 16 of which limit refusal to private or religious institutions
- 25 states require a woman seeking an abortion to wait, usually 24 hours, after counseling to procedure, 13 state laws require a woman to make two separate trips to obtain an abortion
- 37 states rrequire parent notification or consent - 27 require one or both parents consent, 10 require one or both are notified
It says in 2019 a wave of state abortion laws were introduced or passed. It says five states banned abortions after six weeks, often before a woman knows she is pregnant.
