Among the problems with state abortion bans is that they are generally an expression of the religious convictions of the legislators who pass them. America isn’t supposed to be a theocracy. But challenging such laws as violating the separation of church and state is difficult because proponents can just claim they were enacted for secular rather than religious reasons.
But leave it to Missouri’s radical-right Legislature to say the quiet part out loud. Their strict new abortion ban plainly declares that lawmakers are serving “Almighty God.” It was approved after floor debate that was equally proselytizing. Pro-choice faith leaders are now suing to overturn the law. They allege it violates Missouri’s Constitution, which, like its federal counterpart, explicitly prohibits government promotion of religion. It’s a strong case.
The U.S. Supreme Court’s Roe v. Wade decision establishing a constitutional right to abortion, handed down 50 years ago Sunday, effectively said life begins when a fetus could viably survive outside the womb (generally, the end of the second trimester). Until viability, states couldn’t deny women the right to end a pregnancy. It was a standard rooted in medical science.
