The Dobbs v. Jackson ruling left abortion rights up to the states. As a result, lower courts in at least five states, including Utah, have issued rulings in abortion-related religious freedom lawsuits.
People march around the State Capitol in Salt Lake City in support of abortion rights on Saturday, Oct. 8, 2022.INDIANAPOLIS
“That is a religious and values-based comment,” said Berg Raunick. “A fetus is potential life, and that is worthy of great respect and is not to be taken lightly, but it does not supersede the life and health of the mother, period.” There is a “huge diversity of the kinds of claims being made” in these cases, said Elizabeth Reiner Platt, who studies religion and abortion rights as director of Columbia University’s Law, Rights and Religion Project. The religious freedom complaints are among 34 post-Roe lawsuits filed against 19 states’ abortion bans, according to the Brennan Center for Justice.
Meanwhile, in Kentucky, three Jewish women are arguing the state’s ban violates their religious rights under the state’s constitution and religious freedom law. They say in a lawsuit, which has been removed to federal court, that Kentucky’s Republican-dominated legislature “imposed sectarian theology” by prohibiting nearly all abortions. The ban remains in effect while the Kentucky Supreme Court considers a separate case challenging the law.
That same month, a lawsuit partly based on Wyoming’s religious-liberty clause blocked the state’s abortion ban. The Wyoming high court said Dec. 21 it would not weigh in on the state’s new abortion ban for now. While Protestants in general are closely divided over whether abortion should generally be legal, most white evangelical Protestants — about 7 in 10 — say abortion should be illegal in all or most cases. Similarly, about 7 in 10 Latter-day Saint voters say abortion should be generally illegal.
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