The US Court of Appeals for the Eighth Circuit dismissed on Tuesday a lawsuit filed by a member of the Satanic Temple against a Missouri abortion law.
Judy Doe, a member of the Satanic Temple, alleged that the informed-consent requirement violates her Satanist beliefs, as well as the Establishment and Free Exercise Clauses of the First Amendment. She initially filed her complaint in the US District Court for the Eastern District of Missouri, which dismissed both of her First Amendment claims.
Under Missouri law, every woman seeking an abortion is required to receive a state-authored informed consent booklet before she has an abortion. Missouri’s informed-consent law requires that a woman seeking an abortion certifies that she has received “medically accurate information” in her decision. Before a woman can have an abortion, she is required to certify in writing that she has had a chance to review an ultrasound at least 24 hours ahead of time.
In her complaint, Doe stated that her “body is inviolable” and “[s]he alone” decides what to do with the “Human Tissue” inside of her body. She argued that the booklet violated the Establishment Clause by promoting “Catholic dogma” about when life begins, and that states may never adopt a theory of when life begins.
On appeal, the Eighth Circuit also rejected these arguments. The court stated that any theory of when life begins necessarily aligns with some religious beliefs. A state does not establish religion by passing a law that “happens to coincide or harmonize with the tenets of some or all religions.” The court also stated that the Supreme Court had clarified that states still play a role in determining when life begins.
The appeals court affirmed the lower court’s dismissal of the First Amendment complaints.