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Roe versus Wade overturned


Mikhail Liebestein

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Hmm. Source "The Conversation" but search The Satanic Temple and abortion and it's everywhere. They have claimed abortion is part of a religious ritual.

 

"The devil is in the details

The Satanic Temple raises important questions about what counts as a religion. Opponents of the group argue that abortion is a medical procedure, not a protected religious practice. But The Satanic Temple’s lawyer, Matthew Kezhaya, points to a 2009 case, Barr v. City of Sinton, in which Texas pastor Richard Barr was told the halfway house he operated violated a zoning ordinance.

The Texas Supreme Court ruled that excluding Barr’s halfway house from the city violated Texas’s RFRA law. Key to this argument was the court’s statement that, “The fact that a halfway house can be secular does not mean that it cannot be religious.” Likewise, Kezhaya argues, abortion can be both secular and religious, depending on context.

Kezhaya also disagrees that outsourcing the enforcement of abortion to private lawsuits makes the state of Texas immune to judicial review. He compared this situation to “racially restrictive covenants” of the Jim Crow era in which white residents signed legal agreements never to sell or rent their homes to African Americans.

The Supreme Court initially declined to hear cases challenging these covenants because they were considered private contracts. But in 1948, it ruled that a court enforcing these contracts was a state action that violated the 14th Amendment.

The Satanic Temple also has an even more creative strategy. The Food and Drug Administration, which controls the distribution of the abortion pills mifepristone and misoprostol, is subject to the federal RFRA law. The Satanic Temple sent a letter to the FDA explaining that its prescription requirements illegally burden their abortion ritual. Currently, these drugs are only available with a doctor’s prescription, and the doctor must adhere to any state restrictions before providing them.

The Satanic Temple proposed an accommodation in which Satanic women can obtain a doctor’s note indicating only that these medications are safe for them to use, and then receive medication directly from The Satanic Temple rather than a state-approved provider.

In an interview with me in September 2021, Kezhaya, The Satanic Temple’s lawyer, admitted this was experimental territory. Assuming a court approved this accommodation, it could legally make The Satanic Temple a pharmacy, in addition to a religious entity, because it would be distributing controlled medications"

 

 

Edited by kj35
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