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2022, The Markaz Review
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https://themarkaz.org/theocracy-looms-in-anti-abortion-opinions-of-the-supreme-court/
American University Journal of Gender, Social Policy & the Law, 2023
In Dobbs v. Jackson Women’s Health Organization, Justice Alito ruled there is no right, under the U.S. Constitution, for a woman to have an abortion. Since then, eleven states have either enacted or activated statutes that forbid the performance of an abortion. Others may soon follow suit. This Article does not attempt to dispute the reasoning of the Dobbs decision. Instead, it asks whether the eleven state statutes, now construed as constitutionally permitted, are, in fact impermissible intrusions into the constitutionally required separation of church and state. This Article approaches this problem from both a historical and philosophical perspective. First, it uses the over 4,000-year-long history of the church-state interrelationship (including U.S. Supreme Court opinions) to define when a belief is a “religious belief.” Second, using that definition, the Article engages in a careful logical analysis of the eleven statutes to argue both that they promote religious beliefs in contravention of the First Amendment’s Establishment Clause and that they do not fall under the exception the Court has carved out in Kennedy v. Bremerton.
Legal History Miscellany, 2022
Discovering that the Supreme Court of the United States of America, now dominated by an ultra conservative majority of chiefly white men, is planning to overturn Roe v. Wade (1973) was not as unexpected as one might imagine. At least, for any woman who has been living in this country for the past decade it was something we could see coming. For those who work at religious institutions or in conscientiously-Christian businesses, the ruling in Burwell v. Hobby Lobby (2014) already took away our right to use our health plans to pay for birth control.[1] (This happened to me when I worked at Loyola University New Orleans, a Catholic university). Access to a legal abortion did seem like the next logical provision to disappear.
This article was first published in the in Encyclopedia of Catholic Social Thought, Social Science, and Social Policy, ed. Michael L. Coulter, Stephen M. Krason, Richard S. Myers, and Joseph A. Varacalli. (Lanham, Maryland: Rowman & Littlefield, Scarecrow Press, 2007).
2006 Winner of Catholic Press Association Award for Best Investigative Writing
Asian Journal of Interdisciplinary Research
Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability. However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance i...
2021
https://www.deciphergrey.com/post/why-the-anti-abortion-rhetoric-of-evangelical-americans-is-not-just-about-valuing-human-life
2006
Relative deprivation theory (Davies, 1962) suggests that acts of anti-abortion terrorism result from the general widening of the gap between the individual's goals and expectations to a point of intolerance, whereas rational choice theory (Cornish and Clarke, 1986) sees such acts as the product of the individual's cost/benefit analysis. This thesis endeavors to improve upon our knowledge of the causal mechanisms associated with anti-abortion terrorism, within the context of relative deprivation theory and rational choice theory using a macro-level research design.
UCLA Women's Law Journal
explaining that hobby Lobby "signal[ed] significant change in religious liberty doctrine" in part because it "relaxed the requirement that objectors establish that the burden on their religious freedom is substantial." Under this relaxed substantial burden standard, a religious objector "may claim a sincerely held religious belief, assert that the burden of compliance with a regulation is substantial, and, with pleadings alone, shift the burden of proof to the government" to demonstrate that the law is the least restrictive means of furthering a compelling interest). 22. See, e.g., Platt, Franke, Shepherd & Hadjiivanova, supra note 11, at 38 (suggesting that if Roe is either explicitly overturned or eroded, "religious liberty laws, including state RFRAs, could provide potential avenues for medical providers, activists, clergy, and patients to preserve abortion care," such as by serving as a defense to prosecution); Violet S. Rush, Religious Freedom and Self-Induced Abortion, 54 Tulsa L. Rev. 491 (2019) (arguing that caregivers who assist with self-induced abortion for religious reasons can assert state RFRAs as a defense against a criminal charge); Kaili E. Matthews, Reverse
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