Invitation to Join an Amicus Brief

I’m sharing an invitation to join a friend of the court brief in Whole Woman’s Health v. Cole, a case that’s heading to the Supreme Court challenging the Texas law, HB2 (which, you might remember by way of Wendy Davis’s filibuster), arguing that targeted regulation of abortion providers (or TRAP laws) are unjust irrespective of one’s views on abortion itself. The brief is being organized by an attorney at  Fish & Richardson P.C, on behalf of theologians, and academics who work in religious ethics and philosophy of religion. If you work in one of those areas, you can read more about the brief below, and contact them if you are interested in signing through a link at the end.

JOIN THE AMICUS BRIEF ON BEHALF OF THEOLOGIANS AND RELIGIOUS ETHICISTS AGAINST UNJUST LAWS ON ABORTION

The U.S. Supreme Court is preparing to consider the most important abortion case in nearly 25 years. This creates a rare opportunity for theologians and religious ethicists from across the country to come together and bring the teachings of St. Thomas Aquinas and other key theologians and religious philosophers to the Court’s attention, and urge the Court to rule against unjust laws that disproportionately hurt poorer women while undermining public faith in the rule of law.

The Case: Whole Woman’s Health v. Cole

The case, Whole Woman’s Health v. Cole, challenges onerous regulations in a Texas law known as HB2 that would force more than 75% of abortion clinics in the state to close, depriving women of access to safe, legal, high-quality reproductive health care in Texas. At issue are requirements that doctors who provide abortion services obtain admitting privileges at local hospitals and that women obtain abortions only at ambulatory surgery centers, which are mini-hospitals that are not intended for a simple office procedure. These are requirements that the American Medical Association, American College of Obstetricians and Gynecologists, and other leading health care experts say serve no medical purpose and do nothing to promote women’s health; instead, the widespread clinic closures directly threaten the health, safety, and well-being of women, particularly low-income women who live in rural areas.

Summary of the Brief

A number of theologians and religious ethicists from various faiths are planning to file an amicus brief asking the U.S. Supreme Court to strike down Texas’s Targeted Regulation of Abortion Providers (“TRAP”) law, which imposes two sets of restrictions on abortion providers that medical experts, including the American Medical Association and the American Congress of Obstetricians and Gynecologists, have recognized are unnecessary to protect the health of the woman yet have caused many clinics throughout the state to close, imposing a substantial obstacle on a woman’s ability to obtain an early, safe abortion, especially for poorer women.

These theologians plan to argue that TRAP laws are morally unjust, regardless of an individual’s stance on abortion. From the perspectives of the Catholic faith and other Christian denominations, including the writings of Catholic theologian and philosopher Saint Thomas Aquinas, TRAP laws are not a legitimate exercise of state power because they are irrational, pretextual in nature, and cause more harm than good. Under the guise of improving women’s health, TRAP laws seek instead to subvert settled law through dishonest means. But instead of furthering the state’s interests in improving women’s health, TRAP laws disproportionately attack the dignity of low-income and geographically isolated women, make the process of seeking an abortion more difficult and dangerous for these women by creating unjustifiable barriers to their healthcare. Texas’s regulations may even drive poor women to seek later, illegal procedures or try aborting at home, risking their health and lives. And because laws such as HB2 simply disguise the illegalization of abortion through unwarranted burdens on women’s exercise
of their constitutionally protected rights, they also risk fomenting widespread civil disobedience and undermining public faith in the rule of law.

Moreover, TRAP laws seek to surreptitiously undermine the current legal status of abortion, effectively imposing a specific moral viewpoint on the general population and overriding the interests of women who may subscribe to any of the broad plurality of views within the world’s religions on the morality of abortion—including within Christianity itself. Those who seek to ban abortion at all stages should argue openly and forthrightly about the morality of their position, and not use TRAP laws as an underhanded tactic.

For these reasons, even from the perspective of one who believes that abortion is gravely immoral, TRAP laws like HB2 are not ad bonum commune (that is, they do not promote the common good) and should not stand. This amicus brief will draw heavily from Saint Thomas’s Summa Theologiae and writings from other religions to explain to the Court how the intent and anticipated effect of HB2 are contrary to Christian and other religions’ teachings on building a just society.

Please contact me about signing the amicus brief of Theologians by clicking here.

If you have expressed your interest through the above link, we will send the brief via email for your review by December 23, 2015. To add your signature to the brief, you will need to respond to the instructions in the transmittal email by December 28, 2015.

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