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New Legal challenges to Florida's abortion law could be groundbreaking
The adoption of the abortion bans violates the establishment clause by adopting the religious of some Christian nut cases. The Torah, the Talmud, and the Koran all take the position that life does not begin at conception. The RWNJ are in effect requiring Jews, Muslims and other groups to live with and consent to their religious views. The government cannot favor one religion over other religions
My religion is clear that life does not begin at conception. Laws that require me to live with this religious view point violate the separation of church and state.
Link to tweet
https://www.msnbc.com/opinion/msnbc-opinion/florida-s-abortion-law-faces-groundbreaking-legal-challenge-n1299950?cid=sm_npd_ms_tw_ma
In April, Florida enacted a law that sharply restricted abortion access in the state and banned most abortions after 15 weeks. That law, known as HB 5, is now encountering some exciting and innovative legal opposition, not only from groups that fight for civil liberties and reproductive freedoms, but from religious groups as well. The challenges in Florida — and somewhat similar ones in Kentucky and Indiana — may signal subtle but significant shifts in how activists across the country are contesting a recent string of conservative Christian legislative triumphs.
Even if these cases don’t immediately succeed, the plaintiffs are helping to transform the debate on the meaning of secularism in America by exposing a false division between “religious” and “secular” citizens. Ideally, these interventions will foster a much more sophisticated political dialogue about the promise of secular governance. For at some point these cases are going to force a district or circuit court judge, or maybe even a gaggle of United States Supreme Court justices, to confront some of the neon-light-blinking religious inequalities that HB 5 and similar laws create.
The reality is that abortion restrictions don’t just infringe on the rights of secular people — they also suppress the rights of many religious people outside the Christian right.....
The Rev. Tom Capo of the Unitarian Universalist Congregation of Miami, whose motion now rests with Florida’s 11th Judicial Circuit, has skillfully pointed out that HB 5 fails “to account for the diverse religious views of many Floridians. . . whose faith leads them to take a very different view of when life begins and to counsel abortion.” Capo’s motion argues that the state’s legislation favors a particular Christian theology, and that this act of non-neutrality violates the establishment clause of the First Amendment, which prohibits Congress from establishing a religion. (As if to prove how little he cared about the optics of neutrality, Gov. Ron DeSantis owned the libs yet again by signing the bill into law at a conservative, Spanish-language church.) Second, it contends that HB 5 trespasses upon the religious free exercise of those citizens who don’t abide by conservative Christian worldviews......
Equal protection is what the Florida plaintiffs are seeking; the right to make personal decisions according to their, not someone else’s, religious scruples. Their intervention will ultimately force the courts to confront the reality, and constitutional implications, of religious diversity. Their intervention pierces through the untenable us-vs.-them logic of the Christian right by demonstrating that when it comes to abortion, there is no unified “us.” Instead, there are lots of religious people who, like nonreligious people, find shelter and solace in secular policies
Even if these cases don’t immediately succeed, the plaintiffs are helping to transform the debate on the meaning of secularism in America by exposing a false division between “religious” and “secular” citizens. Ideally, these interventions will foster a much more sophisticated political dialogue about the promise of secular governance. For at some point these cases are going to force a district or circuit court judge, or maybe even a gaggle of United States Supreme Court justices, to confront some of the neon-light-blinking religious inequalities that HB 5 and similar laws create.
The reality is that abortion restrictions don’t just infringe on the rights of secular people — they also suppress the rights of many religious people outside the Christian right.....
The Rev. Tom Capo of the Unitarian Universalist Congregation of Miami, whose motion now rests with Florida’s 11th Judicial Circuit, has skillfully pointed out that HB 5 fails “to account for the diverse religious views of many Floridians. . . whose faith leads them to take a very different view of when life begins and to counsel abortion.” Capo’s motion argues that the state’s legislation favors a particular Christian theology, and that this act of non-neutrality violates the establishment clause of the First Amendment, which prohibits Congress from establishing a religion. (As if to prove how little he cared about the optics of neutrality, Gov. Ron DeSantis owned the libs yet again by signing the bill into law at a conservative, Spanish-language church.) Second, it contends that HB 5 trespasses upon the religious free exercise of those citizens who don’t abide by conservative Christian worldviews......
Equal protection is what the Florida plaintiffs are seeking; the right to make personal decisions according to their, not someone else’s, religious scruples. Their intervention will ultimately force the courts to confront the reality, and constitutional implications, of religious diversity. Their intervention pierces through the untenable us-vs.-them logic of the Christian right by demonstrating that when it comes to abortion, there is no unified “us.” Instead, there are lots of religious people who, like nonreligious people, find shelter and solace in secular policies