The Satanic Temple intends to destroy Indiana’s near absolute ban on abortion.
On the basis that their religious rights are being violated, the temple has taken the Indiana Governor Eric Holcomb and state Attorney General Todd Rokita to court.
Indiana law criminalizes abortion except in cases where the life of the pregnant woman is at stake or in cases of rape or incest (up to 10 weeks). However, this violates beliefs of The Satanic Temple, specifically Tenets III and V. Tenet III declares that “one’s body is inviolable, subject to one’s own will alone” which does not make fetal tissue carried in a woman’s uterus and unborn child, contrary to Indiana law. Rather the Temple views fetal tissue to not maintain a separate existence or humanity from a pregnant woman. Furthermore, Tenet V decrees that “beliefs should conform to one’s best scientific understanding of the world”. In Indiana’s abortion ban, the early stages of fertilization where a zygote is created are referred to as an unborn child. Yet this contradicts scientific understanding since they do not see a zygote, blastocyst, embryo or nonviable fetus as an unborn child. Rather they are cells which are simply a part of a woman’s body that do not contain humanity.
Therefore, The Satanic Temple’s religious beliefs are being violated by the Indiana near abortion ban. While the Temple as an institution is taking on the state, the lawsuit does name a female member residing in Indiana who became pregnant without her consent and is unable to obtain an abortion in the state. The Satanic Temple has 11,300 members in the state and therefore brings the suit forward with themselves as plaintiff.
Their grievances extend beyond their claim that the law violates the Free Exercise clause of the First Amendment. They argue that the ban goes against the 13th Amendment by imposing involuntary servitude on its members through unwanted pregnancy. On top of this, they claim it violates the 14th Amendment by discriminating against pregnant women who engage in unprotected sex. Lastly, they claim that it violates the Religious Freedom Restoration Act, which prohibits any actor of the US government from substantially burdening a person’s exercise of religion unless a compelling government interest is present and is the least restrictive means of doing so.
But primarily, does Indiana’s abortion ban violate the ability for members of The Satanic Temple to practice their religious beliefs under the Free Exercise clause of the First Amendment? There are quite a few issues here as to whether the state of Indiana has a compelling state interest in regulating abortion, is using the least restrictive means to do so, is imposing a substantial burden on its citizens, and if the members of The Santanic Temple have a sincere religious belief being violated.
In my opinion, the last issue is the precipice on which all the others rely on. Arguing that their beliefs are insincere would be a fool's errand considering how their religion operates on 7 key beliefs which have been historically coded into existence. It might be a bit difficult for people to wrap their heads around the fact that this religious group is called The Satanic Temple. In reality, its members do not worship satan. Rather, it is the literary satan which the temple uses as a metaphor for encouraging skepticism and rebellion against arbitrary authority. The Temple does have a recorded history of fighting in court for the right to abortion, but they have yet to be successful. To me, it seems that their beliefs are sincere. Yet while this record could serve as solid evidence of their sincere faith, their lack of success in court would be a detractor. If the court believes that their beliefs are sincere, up next comes the compelling state interest. There is certainly compelling state interest in allowing members of a religion to practice their beliefs and one to regulate abortions. However, one might say this is the most restrictive way of doing it. Only allowing abortions in cases of rape and incest, or if the life of the mother is threatened creates an incredibly high threshold. But what I find rather compelling is the substantial burden which would be placed on members of the Temple. Not only would they violate their religious beliefs by not having an abortion, if they were actually able to get one they could receive criminal persecution. Their freedom to exercise their religion has been demolished, and they could end up in jail.
1 comment:
Great post Amanda, I really enjoyed reading this case. Looking at the facts I do not believe that any clause of any amendment is being violated. The Indiana abortion law only allows for abortion in cases where the woman is at risk, after that due to biological reasons it is considered murder in the state of Indiana. I think that this religious group is legitimate, but that does not mean that because the sincerity is proven correct the Satanic Temple or any other religion gets to get away with doing illegal activity. Free exercise guarantees citizens the right to practice their religion without government interference, but when these religious acts go against the law, in this case the state of Indiana established that after certain weeks a woman must carry through a pregnancy first of all because it is not her body it’s another human being growing inside. On the other hand, the 14th amendment is not being violated as it would be like saying that the state of Indiana is discriminating against criminals for committing a crime. You established that in Tenet V “beliefs should conform to one’s best scientific understanding of the world”, in this case the state of Indiana believes by majority that it is inhumane to end the life of an unborn child after 10 weeks.
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