A clergy-led effort to overturn Missouri’s near-total abortion ban has been struck down by a circuit judge in St. Louis. The pro-abortion faith leaders claimed the law violated the state’s constitution by imposing the religious values of one faith tradition on all residents of the state. HB 126, was known as “Missouri Stands for the Unborn
Act” and was passed in 2019.
Judge Jason Sengheiser addressed an overtly religious section of the law, one of several “trigger” bills in states that went into effect after the U.S. Supreme Court overturned Roe v. Wade in 2022. “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 law reads, repeating language in the Declaration of Independence.
The law was challenged in January of last year by a coalition of 14 Christian, Jewish and Unitarian leaders with legal assistance from Americans United for Separation of Church and State and the National Women’s Law Center.
“State officials have weaponized their religious beliefs to control the bodies and deny the autonomy of women and all who can become pregnant, jeopardizing their health, lives and futures,” the initial complaint said. The faith groups insisted that some religions require access to an abortion and that the Missouri law imposes the beliefs of one religious tradition on others.
But Sengheiser did not agree, arguing the phrasing is “similar” to other legal documents, such as the Missouri Constitution, which refers to the “Supreme Ruler of the Universe.”
“While the determination that life begins at conception may run counter to some religious beliefs, it is not itself necessarily a religious belief,” he wrote referencing the latest scientific data. He added that lawmakers have also made “extremely detailed medical and scientific findings” in state law based on increased knowledge of fetal development.
“As such, it does not prevent all men and women from worshipping Almighty God or not worshipping according to the dictates of their own consciences.”
Sengheiser also argued that the law does not rely on religion when contending that life begins at conception, with the statutes in question referencing medical arguments instead of theological ones. “The Court does not accept Petitioners’ argument that the determination that human life begins at conception is strictly a religious one,” Sengheiser wrote.
“Missouri law is based on fact and science regarding the abortion issue and the beginning of life,” Susan Klein, Executive Director of Missouri Right to Life told Metro Voice. “The majority of Missourians have worked to elect legislators that have put in place legislation to protect preborn babies and women. They have also worked to put in place programs like Alternatives to Abortion and Show-Me Healthy babies to help women in situations where they need help and these programs give women and families an opportunity to choose life for their preborn baby.”
–Alan Goforth | Metro Voice
