ST. LOUIS – Almost two weeks ago, a hearing concerning the lawsuit, Blackmon v. Missouri which is challenging a Missouri law banning nearly all abortions, was heard in St. Louis Circuit Court. The lawsuit was initially filed in January of 2023 by Americans United for Separation of Church and State (AU), the National Women’s Law Center (NWLC), and the law firm Arnold & Porter on behalf of over a dozen religious leaders representing seven different denominations.
The hearing on November 16 was to consider an argument by the state to dismiss the case. Judge Jason Sengheiser who heard the case indicated he expected to issue a ruling sometime in January according to a report by the Associated Press.
The law in question, H.B. 126 included a “trigger ban” prohibiting all abortions in the state once the Supreme Court ruled on Dobbs v. Jackson and reversing Roe v. Wade which had guaranteed for nearly 50 years a woman’s right to abortion. The reversal of Roe kicked abortion rights back to individual states to decide when it came to reproductive rights and access.
Abortion laws by state (10/2023) Image credit: Wolfman5678 – CC BY-SA 4.0
There have been numerous challenges filed in close to half of the states in the U.S. According to The Brennan Center for Justice, ”As of November 17, 2023, a total of 38 cases have been filed challenging abortion bans in 23 states, of which 24 remain pending at either the trial or appellate levels.”
Blackmon v. Missouri differs from other abortion law challenges in that it is based on the grounds that the law violates the Establishment Clause of the First Amendment, often referred to as the separation of church and state.
Another aspect of the legal challenge that is somewhat unusual is that represents a fairly diverse group of clergy: Episcopalian, Orthodox Judaism, United Church of Christ, Reform Judaism, Unitarian Universalism, and United Methodist.
While no Pagan clergy have joined the lawsuit, Rev. Selena Fox, Executive Director of Lady Liberty League issued the following statement:
The United States is a nation with citizens of many religious and spiritual affiliations as well as those who are freethinkers, agnostics, and atheists.
Theological teachings and practices regarding abortion and reproductive rights differ across religious, spiritual, and philosophical traditions.
Separation of Church and State is foundational to our nation’s Democracy and must be upheld.
State and Federal lawmakers need to uphold religious freedom for all and not force one particular religious viewpoint regarding abortion and reproductive rights on all.
The abortion bans legislated by Missouri impose one narrow religious doctrine on all and in so doing, deny equality and bodily autonomy.
May Americans United for Separation of Church and State and others working with them, including the National Women’s Law Center, be successful in this lawsuit and all their efforts to uphold equality and bodily autonomy for all.
May Lady Justice, Lady Liberty, and Lady Wisdom support the quest for abortion rights and reproductive rights. So Be It!
In April of 2023, Fox participated in the Summit for Religious Freedom held in Washington, DC along with Rev. Traci Blackmon, Associate General Minister of Justice and Local Church Ministries for the United Church of Christ, who is the principal faith leader named in the lawsuit.
Rev. Traci Blackmon and Rev. Selena Fox in front of the Capitol Building in Washington during the Summit for Religious Freedom in April (2023) – [courtesy]
“Since the revival of Modern Neo-Paganism, to the days of history where Mid-Wives, Wise Women, and local healers were the main sources of health, Paganism has held sacred not only the well-being and choices of the mother, but Modern Medicine, which we understand to be the evolution of the hard work our ancestors put into herbalism and healthcare.
“To disallow anyone of the Pagan faith access to abortions, which we have known for thousands of years as needed, medically sound, healthcare, is to impose inappropriate puritanical Christian values onto the citizens of a religiously free nation. The leaders of the Aquarian Tabernacle Church hold strong to these highest ideals and strive ever towards them.
“We know that when a woman makes her own choice to start a family, that the family thrives through her readiness. When a child born is born into a community that did not want them, they may burn down the village to feel its warmth.”
While no Pagans may be named in the lawsuit, cases like Blackmon v. Missouri, regardless of the decision, have the potential to impact nearly every person capable of becoming pregnant in the state of Missouri. Should Blackmon prevail beyond the state’s attempt to see the case dismissed, it has the potential to inspire clergy coalitions to bring similar lawsuits in other states.
TWH reached out to a number of Pagan and other religious organizations for comment or statements, as of the time of publication, only Lady Liberty League and the Aquarian Tabernacle Church had responded.
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