It shouldn’t have to come to this, abortion rights should be for everyone regardless of what kind of spirituality is knocking around inside your head, but because this SCOTUS clearly favors religious plaintiffs above just about everyone else, it’s a smart strategy.
Here’s what SCOTUS could do to try to reach the expected result of ruling against pro-abortion religious plaintiffs:
—Abortion bans are neutrally-applicable laws and fundamental enough to provide for no exceptions. Just as you can’t murder in the name of your religion, you can’t abort in the name of your religion.
—Abortion isn’t an essential part of anyone’s faith-practice. Much like the government telling you to wear a face mask in church, these public health-related anti-abortion laws simply have nothing to do with theology. (Problem with that is SCOTUS *has already* said that churchgoers can’t be forced to wear face masks in church, so SCOTUS would simply have to be hypocrites to rule this way… not that they have a problem with that.)
Additional problems — such a case may require SCOTUS to do one or all of these things:
(1) Determine, flatly, that “abortion is murder,” which would in effect create a SCOTUS-imposed national ban on abortion and be even more radical than the Dobbs decision;
(2) Determine that views on abortion have no relatedness to one’s religious beliefs, which simply flies in the face of reason, given that religious evangelicals have been the driving force behind abortion bans for decades;
(3) Determine what “is and isn’t” a valid religion. Find that conservative-values religions are more “authentic” than liberal-values religion. And on some level question “the sincerity of professed religious belief,” which SCOTUS has told us again and again it wouldn’t do.
I am quite sure this is exactly the case SCOTUS doesn’t want, but they opened this can of worms with Dobbs. It’s coming.