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Wow, the Indiana Court of Appeals has decided that the state abortion ban violates the religious liberty of religious plaintiffs who sued under a state religious freedom restoration act. Its decision on RFRA begins at p.45 public.courts.in.gov/Decisions/ap...
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For folks interested in learning a lot more about the (surprisingly promising) religious freedom arguments against abortion bans, Me, Free Exercise of Abortion, digitalcommons.law.byu.edu/cgi/viewcont... Schwartzman & Schragger on free ex and establishment papers.ssrn.com/sol3/papers....
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For more, Roat on the history of abortion & RFRA escholarship.org/uc/item/1sw6... Corbin on RFRA, abortion & Christian Nat'lism wlr.law.wisc.edu/wp-content/u... Schraub on Jews, Judaism & abortion papers.ssrn.com/sol3/papers.... Helfand on Jewish advocacy for abortion papers.ssrn.com/sol3/papers....
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For a piece with a succinct lay of the land, see Liz Platt, papers.ssrn.com/sol3/papers.... For detailed analysis of other ongoing cases in Kentucky and Florida, see Ari Berman papers.ssrn.com/sol3/papers....
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Several news outlets and the ACLU are reporting that the Indiana court today has UPHELD the injunction regarding religious belief from Jewish scripture.
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Yeah. I'm not deeply Jewish in culture for various reasons, but I believe in certain circumstances it is, in fact, a mitzvah TO have an abortion.
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Yes, that is correct. The Mishna (Ohalot 7:6) explicitly rules that way: "If a woman is having trouble giving birth, they cut up the child in her womb and brings it forth limb by limb, because her life comes before the life of [the child]."
Mishnah Oholot 7:6www.sefaria.org If a woman is having trouble giving birth, they cut up the child in her womb and brings it forth limb by limb, because her life comes before the life of [the...
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Great work! I was wondering when the case would be heard and decided. I think more folks need to pay attention to these cases
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That’s just delightful. Thank you for sharing that.
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“How dare you use my own words against me”
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lol, nice! It's about time that the Church of Satan went hardcore about these state's dumbfuck freedom of religion laws.
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That's The Satanic Temple; CoS are the ones who are basically Ayn Rand in spooky robes
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No worries, very common conflation 😊
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Satanic Temple and Church of Satan are 2 different things. Satanic Temple lost once in Indiana, IIRC.
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And TIL that WV and OK exempted abortion rights cases from their religious freedom laws. 🤨
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Yep, that was me mis-remembering the group.
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Here’s how we undo the GOP: -found religious orgs -load em up with political goals -sue and get your religious rights enacts via law by courts -laugh at the GOP while doing to them what they’re doing to America Go and do likewise, Democrats.
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You can skip step one, because this wasn't filed by some purpose built new religion. It was Hoosier Jews for Choice. ✡️💪
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shalom and let’s go! but also, a few new progressive Scientologies ripping the rightwing fash fabric to pieces would be great too.
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I uh, I'm good not breaking bread with Scientologists Unless we're looking for pirate treasure in the Mediterranean, then I'd reconsider
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I didn’t mean literal Scientologists, just create fake religions and then dodge taxes and demand rights in politics like religions do. Once you get that tax-exempt status, go to town and enact the progressive agenda via RFRA and the courts. Boom.
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Ah, ok Well, as long as a Mediterranean cruise is still an option
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Do some digging and see if it's a project you want to take on, but I think you'll find it's not as easy as you think.
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The fact that we even allow religious exemptions (for anything) defies all logic. Either the law is applicable to everyone or it's not, but saying we won't prosecute because you follow a work of fiction written before most historical scientific discoveries occurred is fucking nonsense.
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And I want to be clear here: I am pro-choice. The previous comment also extends to allowing religious sycophants to create and decide upon which laws govern the rest of us is absolute buffoonery. Get religion out of politics, it has no fucking place here.
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Indiana will keep chipping away at our secular laws until it somehow only recognizes a particular monotheistic deity as the one true god
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RFRA came about to exempt natives from drug free requirements for certain benefits due to religious use of certain hallucinogens
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Personally, I don't think employers should have any right to know what substances their employees are using outside of work hours. If there is a problem with that employee's attendance, attitude, or work ethic, the company already has a system in place for dealing with it. This is discrimination.
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It was a government benefit which drug tested its recipients to make sure they weren't "braking the law". The religious exception law was passed to exempt legitimate religious practice from disqualifying Natives under that excuse
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This is why means testing is inexcusable IMHO. It always becomes a tool for discrimination or oppression.
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That's not what means testing means
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This is gonna end with the Indiana Supreme Court ruling that Jews Aren't A Religion, Actually.
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Important to note that the case has been certified as a class action lawsuit, so the injunction covers anyone in Indiana with a sincere religious belief that they need an abortion.
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A lot of the citations of other cases appear to be very carefully chosen as examples of "be careful what you wish for" to the conservative side of this case. Dunks, in fact.
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It is about time! Even in Christianity mandated birth laws to prevent abortion are ungodly. In Christianity, it is NOT by deeds you are saved but by intent. Manding birth by preventing abortion removes free will from the individual so you CANNOT fulfill the intent component.
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I'm not a lawyer, but I believe that this is a just an a temporary injunction against the abortion ban, and the final decision as to whether the ban violates the rfra is up to the lower court. @questauthority.bsky.social? @gregdoucette.bsky.social?
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Sort of. There are still further proceedings to be had, yes. But often these kinds of cases do not involve significant factual disputes, and with the law having been finally decided and binding the lower court going forward, there may not be much left to do in the trial court.