A judge in Missouri ruled that the state’s restrictive abortion ban was not legislators imposing their religious beliefs.
The ruling rejected the case brought forth by more than a dozen Christian, Jewish, and Unitarian Universalist leaders who are in support of abortion rights. The leaders sought a permanent injunction last year that would have barred Missouri from enforcing its abortion law and declared that the rule violated the Missouri Constitution.
Part of the abortion restriction says, “in recognition that Almighty God is the author of life, that all men and women are ‘endowed by their Creator with certain unalienable Rights, that among those are Life.’”
The judge ruled that the preamble of the Missouri Constitution uses similar religious language, as the preamble says, “profound reverence for the Supreme Ruler of the Universe.” The judge said that because the rest of the abortion rule does not include further references to religion, the law can stand.
“The plain language of the challenged provisions stating that life begins at conception do not do so in religious terms,” Judge Jason Sengheiser wrote. “While the determination that life begins at conception may run counter to some religious beliefs, it is not itself necessarily a religious belief. As such, it does not prevent all men and women from worshiping Almighty God or not worshiping according to the dictates of their own consciences.”
He also said the state has historically sought restrictions on abortion as the statute is over a century old.
“Essentially, the only thing that changed is that Roe was reversed, opening the door to this further regulation,” Sengheiser said.
The groups that filed the lawsuit on behalf of the religious leaders, the Americans United for Separation of Church and State and the National Women’s Law Center, said they were considering further legal action.
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“Missouri’s abortion ban is a direct attack on the separation of church and state, religious freedom and reproductive freedom,” the statement said. “Missouri lawmakers made clear that they were imposing their personal religious beliefs on all Missourians when they enacted these laws. We remain committed to restoring abortion access in Missouri.”
Missouri was the first state to enact an abortion ban after Roe v. Wade was overturned in 2022. The state currently prohibits all abortions “except in cases of medical emergency.”