Religious Freedom and Reproductive Rights

After the Supreme Court’s decision in Dobbs, overruling Roe v. Wade, new restrictions on abortion raise a host of questions involving religious freedom. These include (1) whether abortion restrictions violate the free exercise rights of those who are religiously motivated to seek, provide, or facilitate abortion services, and (2) whether abortion bans can be challenged as a form of religious establishment under the First Amendment (and similar provisions in state constitutions) on the grounds that the government is forbidden from imposing laws based on religious convictions. This course will survey the First Amendment doctrines necessary to address these questions, explore the history of religious freedom arguments for abortion rights, and examine pending challenges to state abortion laws.