On Monday, the Missouri State Court Western Appellate District will
hear oral arguments from a religious organization challenging an
abortion law — but not from the type of group you might expect.
The
Satanic Temple is arguing that Missouri’s abortion restrictions —
specifically, its informed consent law and mandatory 72-hour waiting
period for abortions — violates the religious freedom of one of its
members who believes in reproductive autonomy and scientific fact. The United State Court of Appeals for the Eighth Circuit will hear arguments in the case later this month.
The
organization, which sees Satan as a symbol and “embraces rational
inquiry removed from supernaturalism,” filed state and federal lawsuits
in the spring of 2015 on behalf of a pregnant woman seeking an abortion
in the state, identified only as Mary Joe.
In
2014, the organization announced an initiative that would allow members
of the Satanic Temple to use waivers to exempt themselves from
Missouri’s provisions based on their religious beliefs. Mary Joe
attempted to use this waiver to circumvent Missouri’s restrictions, but
it was rejected, prompting this lawsuit.
Informed
consent laws require patients seeking abortions to read pamphlets
designed to dissuade them from choosing the procedure. Often, the
pregnant person must also receive an ultrasound. Six states require that
patients are told that personhood begins at conception and 13 states
require that patients are told about the fetus’ ability to feel pain, according to the Guttmacher Institute. Twenty-seven states have mandatory waiting periods and just four states have 72-hour waiting periods, the longest in the country.![CREDIT: THE SATANIC TEMPLE]()
According
to the The Satanic Temple, requiring members to look at non-scientific
information in order to access an abortion is a violation of its
beliefs. The group also argues that the 72-hour waiting period in
Missouri violates the Free Exercise Clause because it asks members of
The Satanic Temple to “consider a religious proposition with which they
do not agree.”
The
state filed a motion to dismiss last September, arguing that these
restrictions do not promote the state’s religious beliefs and simply
happen to “coincide or harmonize with the tenets of some or all
religions.”
The Satanic Temple has turned its attention to abortion restrictions in recent years, after the U.S. Supreme Court’s ruling in Hobby Lobby found
that closely held businesses that have religious objections to
contraceptives should not be required to cover them on their employees’
insurance — effectively broadening religious liberty claims.
Since
then, the Satanic Temple has been using religious liberty grounds to
argue in favor of better access to reproductive care. In addition to
going after informed consent laws and waiting periods in Missouri, the
organization also issued a statement last year saying it would sue Texas
for its new rules requiring aborted fetal tissue to be buried or
cremated. It stated that its members were not requiredto
comply with the law since burial rites were part of a religious
practice and requiring a specific method goes against its religious
freedom rights.![CREDIT: THE SATANIC TEMPLE/FACEBOOK]()