Reproductive Rights Prof Blog

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CUNY School of Law

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Thursday, July 31, 2014

Does Hobby Lobby Open Door To Renewed Conscience-Based Claims for Exemptions from Abortion Restrictions?

MSNBC: Satanists Aren't the Only Ones Following Hobby Lobby's Lead, by Irin Carmon:

On Monday, the Satanic Temple drew headlines for declaring that, in the wake of the Supreme Court’s decision in Burwell v. Hobby Lobby Stores, it was “asserting a religious exemption from the burden of state mandated ‘informational’ abortion materials for those who share their deeply held beliefs.”

In other words, they wanted a conscience clause from laws intended to dissuade women from having abortions by mandating an ultrasound or that a doctor impart biased or medically-inaccurate information about abortion. . . .

But the Satanists are hardly the first to use religion to make an affirmative argument for reproductive rights. For decades, pro-choice activists have been trying to make a religious claim for their view – and generally failing. . . .

But now that the Supreme Court has opened the door to more robust religious exemptions under RFRA, there might be a new opportunity for supporters of abortion rights to try their luck. . . .

http://lawprofessors.typepad.com/reproductive_rights/2014/07/satanists-follow-hobby-lobbys-lead-decades-after-pro-choice-advocates.html

Abortion, Religion, Religion and Reproductive Rights, Supreme Court | Permalink

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