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Dobbs: What's Religion Got to Do with It?

Ria Chakrabarty, Adèle Keim, Rachel Laser, Asifa Quraishi-Landes, and Rahmah Abdulaleem

In the Dobbs decision overturning Roe v. Wade, the majority opinion found that, in light of the state's interest in fetal life as "potential life," and the absence of a clear basis in the Constitution for a right to abortion, state regulation in this area is limited only by "rational basis" analysis. For fifty years, abortion has been a hot point issue for contending political views, but until now relatively little attention has been given to the religious freedom implications of government associating itself with a particular view as to when life begins. Remarkably, in a term in which religious freedom and religious liberty was a theme of several cases, neither the majority opinion nor the dissent in Dobbs touched on those implications. Does state regulation of abortion that adopts a position associated with a particular religious view of when life begins impact the religious freedom of religious communities that have a different viewpoint on the beginning of life, particularly religious minority communities? What are the operative principles of determining when regulation that correlates with religious practice or belief (as much regulation, such as prohibitions on murder or theft, does) crosses the line to become a violation of religious freedom? Join us as we discuss abortion from a religious freedom perspective.

Co-Sponsors: ABA Center for Public Interest Law, ABA Commission on Sexual Orientation and Gender IdentityABA Commission on Women in the ProfessionABA Criminal Justice Section, ABA Division for Public Education, ABA Government and Public Sector Lawyers DivisionABA Standing Committee on Pro Bono and Public Service, ABA Senior Lawyers Division

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