A Religious Right to Abortion: Legal History and Analysis
Are bans on abortion—which rely on a particular understanding of when “life” begins—inherently religious? Does criminalizing abortion infringe on the religious rights of people whose faith calls them to seek, provide, or help others access abortion care? Might there be a religious liberty right to abortion?
These questions have been an area of intense interest and discussion since the initial Supreme Court draft opinion in Dobbs v. Jackson leaked in May 2022. Our historical analysis shows that there is a long and rich history of religious support, across a wide range of faith traditions, for the right to reproductive autonomy, including abortion. A number of religious denominations, including the Presbyterian Church, Reform and Conservative Judaism, the United Church of Christ, and the Unitarian Universalist Association, support a legal right to abortion in most or all circumstances.
This memo addresses both the long history of litigation challenging abortion restrictions on religious liberty grounds, and how such claims might be structured today.