Wednesday, August 03, 2022

Clergy Sue Challenging Florida's Abortion Restrictions

The Washington Post reports that in Florida, seven members of the clergy-- Christian, Jewish, Unitarian-Universalist and Buddhist-- have filed lawsuits contending that Florida's 15-week abortion ban violates their free exercise, free speech and Establishment Clause rights. Typical of the lawsuits is the complaint (full text) in Hafner v. State of Florida, (FL Cir. Ct., filed 8/1/2022), filed by a pastor of the United Church of Christ.  It alleges in part:

 59. The Act establishes as the law of the State of Florida, a particular and narrow religious view about abortion and when “life” begins. This view is contrary to the religious beliefs of Plaintiff and the UCC, which does not necessarily make a claim regarding when “life” begins, but instead, centers on the mother’s right to have a choice, oversee her own body, and make her own decisions.

60. The Act further provides for no exceptions for the psychological health of the mother or family, non-fatal fetal abnormalities, or victims of incest, rape, or trafficking, which are all circumstances in which the UCC would, amongst other circumstances, support a girl or woman’s decision to have an abortion before or after fifteen weeks....

65. Plaintiff’s beliefs are consistent with the UCC principles set forth above and, as a result, the Act substantially burdens the exercise of her religious faith because it hampers her ability to counsel congregants and speak freely on reproductive rights and issues and burdens her congregants’ ability to seek counsel from their religious leader.

Here is the complaint in a similar suit filed by three rabbis (Pomerantz v. State of Florida, (FL Cir. Ct., filed 8/1/2022).

UPDATE: Here is the complaint in Chotso v. State of Florida, (FL Cir. Ct., filed 8/1/2022), filed by a Buddhist Lama.