Ahead of Sunday’s 50th anniversary of the Roe v. Wade decision, a group of clergy members announced a new lawsuit challenging Missouri’s abortion bans, during a press conference on Thursday, Jan. 19, 2023, at Christ Church Cathedral in downtown ºüÀêÊÓƵ. Video by Michele Munz, mmunz@post-di…
ST. LOUIS — The Missouri Attorney General’s Office asked a ºüÀêÊÓƵ judge on Tuesday to throw out a suit from more than a dozen faith leaders who say the Missouri abortion ban violates the separation of church and state.
ºüÀêÊÓƵ Circuit Judge Jason Sengheiser is expected to rule on whether the lawsuit can move forward after arguments Tuesday focused on whether the 14 faith leaders spanning Protestant, Unitarian and Jewish denominations have grounds to sue.
The suit filed in January aims to prevent both the state and prosecutors in St. Charles, ºüÀêÊÓƵ and Jackson counties, among other jurisdictions, from enforcing the abortion ban and related regulations.
The state ban on abortions, except in cases of medical emergencies, went into effect last year after the U.S. Supreme Court struck down the constitutional right to abortion established in Roe v. Wade. Providers who violate the measure can be charged with a felony punishable by five to 15 years in prison and lose their medical license.
On Tuesday, an attorney for the Missouri Association of Prosecuting Attorneys argued that the faith leaders’ suit should be thrown out because only health care providers — not religious leaders — can be prosecuted under the ban.
Maria Lanahan, of the Attorney General’s Office, added that laws that “dovetail†with religious beliefs such as statutes closing businesses on Sunday and laws against bigamy have long been upheld in the U.S.
Lanahan argued the suit seeks to “keep religious people from being legislators†who can act on their values. She added the suit makes a “circular argument†that would also ban religious lawmakers from enacting laws that coincide with their faith.
Attorneys for the National Women’s Law Center and Americans United for Separation of Church and State representing the faith leaders argued Tuesday their clients’ status as Missouri taxpayers gives them enough right to sue because, they argue, the state will be devoting direct funds to enforce the bans.
Kalli A. Joslin, of Americans United, said the problem with the ban is not that the law coincides with conservative Christianity but that legislators included overt religious statements in the text showing a preference for one religion’s beliefs.
She highlighted that the law itself begins with: “In recognition that Almighty God is the author of life ... it is the intention of the General Assembly to defend the right to life of all humans, born and unborn.â€
The legislators, Joslin said, don’t have a right to “impose their religion on others by law.â€
Sengheiser said Tuesday he will consider the arguments and is expected to issue a ruling on whether the case will go forward.
Several of the plaintiffs are from the ºüÀêÊÓƵ area, including the Rev. Traci Blackmon of the United Church of Christ; the , a minister at Eliot Unitarian Chapel in Kirkwood and First Unitarian Church in Alton; Rabbi Andrea Goldstein at the , the largest congregation for Reform Judaism in the ºüÀêÊÓƵ area; and Rabbi Susan Talve of Central Reform Congregation in ºüÀêÊÓƵ.
Missouri is among 14 states that have banned access to abortion since last year, according to a tracker maintained by The New York Times. A handful of challenging abortion restrictions have been filed in states such as , and .
Photos: Faith leaders file lawsuit, say Missouri legislators violated church and state separation
A ºüÀêÊÓƵ Circuit Court judge on Friday blocked the city’s proposed use of federal money to help people access abortion in Illinois.
The Rev. Cindy Bumb, from left, the Rev. Deon Johnson, the Rev. Traci Blackmon and the Rev. Barbara Phifer sing on the steps of the Civil Courts building following a news conference announcing a lawsuit challenging Missouri's abortion ban on Thursday, Jan. 19, 2023, in downtown ºüÀêÊÓƵ.
Missouri State Rep. Nick Schroer, R-O’Fallon, speaks on the floor of the House on Friday, May 17, 2019, as Rep. LaDonna Appelbaum, D-ºüÀêÊÓƵ, listens before the chamber voted to pass his bill that would virtually ban all abortions in the state. The chamber acted on the final day of the legislative session in Jefferson City.Â