Satanist wins transfer of her abortion rights case to the Missouri Supreme Court

[Sunlei]

Source: Kansas City Star

A Missouri woman who is an adherent of the Satanic Temple won a victory in court last week in her quest to show that state abortion law violates her religious beliefs.

The Western District Court of Appeals ruled in her favor Tuesday, writing that her constitutional challenge — rare for its basis in religion — presented “a contested matter of right that involves fair doubt and reasonable room for disagreement.”

The woman, identified as Mary Doe in court documents, argued that her religion does not adhere to the idea that life begins at conception, and, because of that, the prerequisites for an abortion in Missouri are unconstitutionally violating her freedom of religion protected by the First Amendment.

“Neither the Missouri Supreme Court nor the U.S. Supreme Court has considered whether a Booklet of this nature, an Ultrasound, an Audible Heartbeat Offer, and a seventy-two-hour Waiting Period violate the Religion Clause rights of pregnant women,” the court wrote.






Read more: http://www.kansascity.com/news/local/article177663856.html

[They_Live]

1. Good. EOM

[volstork]

2. Glad someone is throwing

"freedom of religion" back in their faces. We all know they mean only ONE religion: their twisted views of christianity...

[azureblue]

8. but here is the flaw in their case

they claim religious freedom, yet they pick and choose which religious laws to obey. Like don't eat pork, shellfish, don't trim your beard, work on Sunday, or go to church if your vision requires glasses. Because they ignore these edicts, but profess others (even though there is no biblical prohibition against abortion) that means it is not a religious matter but a matter of personal choice. And that basis would not stand in court. For instance, if I decided that it was my religious beliefs that I should not give money to a store that is open on Sunday, so I try to just walk out the door with their goods, I would be laughed out of court. But that is exactly the same reasoning the anti abortionists use.

[Lithos]

14. That is the truth

It never has been *about* religion, but an agenda which has been cloaked with whatever means can be used to justify it.

No judge ever considers the logical conclusions and ramifications when applied to something else. Course, the anti-religionist in me says that there can never be logic when matters turn to religion, so such inconsistencies and incoherence are par for the course.

L-

[procon]

3. Interesting, and unfortunately, a totally necessary POV.

I was thinking that an atheist would throw out the first legal challenge to the laws manufactured by these antiquated, misogynistic, christian zealots. Just by saying it was her belief that there could be no existence of life before birth, or any evidence of life after death, any atheist could blow the cover off their scam against women.

[progressoid]

11. Atheists couldn't use her argument.

Since atheism isn't a religion, they have no religious tenets for the law to violate.

[procon]

13. True, it isn't to those of us who are atheists, but the christian crowd persists

in telling us that must be our "religion". They cannot grasp the concept of no belief whatsoever, so they've rewritten atheism to fit within the limits of their understanding by telling us that since we believe in denying the existence of their own supernatural spirits, then that denial qualifies as a religious belief.

Even so, who's to say what anyone believes is in error? Oppression and discrimination walk hand in hand with religious tyranny if the majority's interests are permitted to eclipse the rights of the individual or minority groups.

[obamanut2012]

18. The Satantic Temple is a secular humanist organization

It is right out there that we don't worship Satan in any way. It exists to call out this stuff.

[TreasonousBastard]

4. Excellent! Now let's see some Buddhists and Hindus...

chime in with their views on the soul and reincarnation.

They generally have a dim view of abortion, but even dimmer view of the concept of "rights" of either the mother or fetus, so it would be interesting to see heads explode if they join in any lawsuits.

[Coventina]

6. Buddhism in Japan does not frown on abortion.

The idea is that if, for whatever the reason, you cannot do best for that life, you are simply sending it on to the next life.

Jizo, the bodhisattva of infants and young children, shepherds and protects the soul into the next life.

[TreasonousBastard]

7. True. Just as all Christians are not anti-abortion...

This is why I would love to see other religions chime in on some of our national debates. If you can't win, at least confuse the hell out of everyone

BTW, I worked with a Japanese guy who told me nobody takes religion all that seriously over there. You went Shinto for the best weddings, and Buddhist for your funeral. (Or was it the other way around?) The rest of the time religion was a tourist attraction.

[Coventina]

9. You are correct. Japanese are born Shinto and die Buddhist.

[HAB911]

17. Different religions using these laws is the only answer

[Crash2Parties]

5. They are boxed into a corner.

Her religious belief is that life does not begin at contraception. To refute this, they are going to have to rely on science, opening the door to refuting the rest of the law, using science.

[CanonRay]

10. Love it. Taking the whole Christian argument

standing it on end, and shoving it up their ass

[safeinOhio]

12. Over 30,000 Christian sects in the world,

and that's just Christian sects. A case could be made that no law applies to anyone, thank God.

[Jake Stern]

15. In certain circumstances

Judaism strongly insists that a woman seek an abortion such as when her health or life is at risk. The mom who refused chemo rather than abort the fetus would, in some interpretations of Jewish Law, be considered selfish. That being said, on-demand abortion is mostly frowned upon.

[joshcryer]

16. Roe v. Wade always considerd viablity.

Which at the time was 23 weeks though 22 weeks is becoming more realistic. Missouri limits abortion at 21 weeks 6 days, short of 22 weeks, and much shorter than the 23 week precedent set by Roe v. Wade.

This case entirely hinges on upon what date the Jane Doe submitted her abortion request. It had to have been after 21 weeks and 6 days and before 23 weeks, which places her and women's rights in peril for the eventual judgement. 22 weeks is now viable. 21 weeks and 6 days plus 72 hours waiting period breaks 22 weeks which is now considered viable. That's the only course.

Religion has absolutely nothing to do with Roe v. Wade. Row v. Wade spits in the face of religion and breaks it down to simple viability.

I expect this case to reduce the viability of fetuses a week or so, with even liberal judges siding with the argument, and it will have far reaching implications to other states which have 22+ week term abortions. If I'm right, that means more Downs related births due to this.

[Sunlei]

19. test for downs syndrome is about 10/13 weeks. IMO, even 5 months is to late for an abortion

hang on for a couple more months and let the father have the infant or adoption.