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Texas must acknowledge the religious right to provide abortions after ROE, according to TST.

The Satanic Temple (TST) has filed a petition urging the state of Texas to permit its members to access voluntary abortions as part of a religious ceremony. Following the overturning of Roe v. Wade, Texas enacted a “trigger ban” that outlawed all abortions, even in cases of rape or incest. TST argues that this law violates its members’ religious freedom and is seeking official recognition of their right to practice their faith. Earlier, on September 1, 2021, Texas implemented Senate Bill 8 (S.B. 8), which banned abortions once fetal cardiac activity is detected and allowed private citizens to sue those who perform or aid in the procedure. In response, TST sued the state, claiming the law prevents its members from engaging in a religious ritual involving the removal of nonviable fetal tissue up to 24 weeks into pregnancy. This legal action took place before Roe v. Wade was overturned in June 2022. After the Supreme Court’s decision, Texas began enforcing its complete abortion ban. TST is now seeking an emergency court order to block the law, arguing that it restricts their constitutional right to freely exercise their religion

CLAIMS WE ASSERT

The Satanic Temple (TST) argues that Texas’s abortion ban is rooted in religious beliefs—specifically, the notion that life begins at conception—which conflicts with TST’s view that non-viable fetal tissue is part of the pregnant individual’s body and may be removed by choice. TST contends that the ban infringes on the First Amendment’s Establishment and Free Exercise Clauses by enforcing a religious perspective that limits its members’ right to carry out their religious practices.

VISITING OUTSIDE OF TEXAS

The reversal of Roe makes it even more critical for us to affirm that Texas is obstructing our members’ ability to access religiously protected reproductive healthcare. But Texas isn’t alone—almost half of U.S. states have enacted anti-abortion laws or trigger bans. Texas is simply the first among many where we must stand up for our constitutional rights. You can help The Satanic Temple safeguard reproductive freedom by contributing to our Religious Reproductive Rights campaign. Your donation will fund legal efforts across all 50 states to defend our members’ right to reproductive care.

ABORTION ACCESS

AFTER ROE V. WADE

The Satanic Temple stands at the forefront of the fight for abortion rights. With the overturning of Roe v. Wade, religious exemptions may become the only viable way to oppose many of the new access restrictions.

The Satanic Temple stands alone in its ability to claim that abortion is a core religious practice—one that promotes self-empowerment and honors bodily autonomy. As such, laws imposing waiting periods or mandatory counseling are equivalent to requiring the same before someone can be baptized or take communion, which would clearly violate religious freedom. Although the Supreme Court’s recent decision marks a serious setback, it has consistently upheld religious rights. TST is actively suing the state of Texas to defend our civil liberties, basing our arguments not on the Due Process Clause, but directly on the Free Exercise Clause’s protection of individual conscience. We’ve also requested science-based alternatives to standard abortion counseling in Minnesota and plan to take legal action against the FDA to ensure unrestricted religious access to Mifepristone and Misoprostol.

These efforts to preserve abortion access are legally justified, but the court process is slow, and unfortunately, some judges do not always uphold the law.

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