The debate surrounding reproductive health rights in the United States reached a fever pitch over the summer of 2022 when the United States Supreme Court overruled Casey and Roe in a devastating, but not unexpected, opinion. Under this new ultra-religious regime, residents in the United States have limited options for pursuing reproductive healthcare, one of which may be attempting to preserve the right to abortion as a religious ritual like The Satanic Temple is arguing. This Note examines the history of Free Exercise Clause and Establishment Clause jurisprudence and demonstrates a now over-powered Free-Exercise Clause with a distinct favor for Christian values. This Note argues that shifting the legal argument surrounding abortion from a substantive due process analysis to an Establishment Clause analysis will help avoid a slippery slope of Christian enmeshment with the United States government and will preserve a more just approach to reproductive healthcare in the country.
Angela R. Pruitt, Maybe Today, Satan: A Christian Supreme Court, Unbalanced Religious Clauses, and the Rise of The Satanic Temple, 26 J. Gender, Race & Just. 271 (2023).