Do Abortion Bans Violate the Free Exercise Clause?

In 2022, Roe v. Wade was overturned after nearly 50 years of being in effect. This past Supreme Court decision gave every woman in the country the choice to get an abortion for whatever reason they choose. After being overturned, it left the decision up to the states about the availability of abortions. Currently, 13 states have banned abortions with nearly no exceptions. These abortion bans must be stopped because there is no scientific way to determine if abortions cause harm, and that belief is typically based on religious ideologies. This violates the Free Exercise Clause of the First Amendment, which gives all Americans the right to practice any religion they chose so long as it doesn’t cause harm.
The biggest concern about abortions is that they could be taking the life of a child. This opinion is usually based on the idea that the fetus is alive while in utero. However, there is no universal scientific consensus on when life begins. This is a belief that varies widely, relying heavily on philosophical ideas and the presence or absence of a religious conviction. David Magnus, the former director of Stanford’s Center for Biomedical Ethics, said in an interview, “Unfortunately, biological occurrences are not events, they are processes.” He explained that there is no way to determine a single moment when something becomes alive from a scientific perspective.
His statements show that even professionals in that field cannot give an answer to the controversial question of whether abortions could be considered taking a life. This means that the answer to this question can only be found through personal opinions and experiences, and not everyone’s answer will be the same.
Regarding the First Amendment’s Free Exercise Clause, the Supreme Court determined in Cantwell v. Connecticut that religious practices can be regulated if they are for the protection of society. As stated above, it is indeterminable if abortion influences a life other than the potential mother’s. There is no problem identifying with the belief that they are harmful, but it is unconstitutional to attempt to force it onto others. Despite there being many religious oppositions to abortions, many religions allow or even require abortions at times to practice them properly.
For example, Judaism teaches that life begins at the first breath, and the health of the woman must always take priority over the fetus. If the pregnancy puts her physical or mental health at risk, Jewish women will often be advised by their rabbi to get an abortion to preserve her well-being. The Dalai Lama, the Buddhist spiritual leader of Tibet, said, “If the unborn child will be retarded or if the birth will create serious problems for the parent, these are cases where there can be an exception,” when asked by the New York Times about his opinions on abortion. Islam scholars have many varying opinions on when or if abortions should be permitted, but there is no total banning of abortions in Islam law. Multiple Protestant denominations also support a woman’s right to abortion, though they have different views on when it should be allowed. This goes to show that there are vastly different opinions on abortions based on religion or other personal opinions. Those who follow these religions and the various others that allow abortions should have the right to practice it without obtrusion from the government.
Currently, there are many people fighting for the right to practice their religion. These are inspirational figures who are fighting for their country’s ability to live freely and unburdened by laws interfering with their rights. No matter your beliefs about the issue, these reasons go to show that banning abortions can interfere with one of America’s core values, which is protecting the rights of the people who live there.