Jennifer Rubin is an excellent opinion writer at the Washington Post. In this column, she illustrates the fact that the Dobbs decision reflects the religious views of the majority of justices of the U.S. Supreme Court but violates the religious or non-religious views of others. Thomas Jefferson was wise indeed when he described “a separation of church and state.” The Founders did not want an Established Religion, whose views and values might be imposed on non-believers. There are literally hundreds of different religious groups in this country, as well as atheists. Why should their beliefs be dismissed?
Rubin wrote:
In July I wrote about a lawsuit in Florida challenging the state’s abortion ban on the grounds that it violates the religious beliefs of Jews — and members of other faiths — who do not believe in the Christian dogma that human life begins at conception. Now, three Jewish women from Kentucky have filed a similar suit.
One of the plaintiffs is undergoing in vitro fertilization. Another one is storing nine embryos. And another is “of advanced maternal age and faces many risk factors if she chooses to have a third child,” the complaint explains. It adds, “Individuals of Ashkenazi Jewish ancestry have a heightened risk of passing on genetic anomalies, like Tay-Sachs disease, for which there is no cure and the average life span of those with the condition is four years of age.”
Yet Kentucky’s abortion law, the complaint argues, would arguably make both an abortion after genetic counseling or the destruction of IVF embryos capital murder.
Contrary to the officiousness of the right-wing Supreme Court justices, who seem not to understand that they applied their own religious views in their ruling overturning abortion rights, the complaint explains:
Judaism has never defined life beginning at conception. Jewish views on the beginning of life originate in the Torah. … Millenia of commentary from Jewish scholars has reaffirmed Judaism’s commitment to reproductive rights.Under Jewish law, a fetus does not become a human being or child until birth. Under no circumstances has Jewish law defined a human being or child as the moment that a human spermatozoon fuses with a human ovum.The question of when life begins for a human being is a religious and philosophical question without universal beliefs across different religions.
The last sentence is key. The so-called state interest in preserving “fetal life” depends on the assumption that a fetus deserves the same protection as a toddler. But for Jews, “the necessity of protecting birth givers in the event a pregnancy endangers the woman’s life and causes the mother physical and mental harm” must control. Moreover, “the law forces Plaintiffs to spend exorbitant fees to keep their embryos frozen indefinitely or face potential felony charges.”
For that reason, the complaint alleges that the Kentucky abortion law violates the First Amendment and the state constitutional protection for religious freedom — as well as the state’s Religious Freedom Restoration Act. The latter part of the lawsuit may become moot should Kentucky voters pass a ballot measure that would declare the state constitution does not protect abortion access. But, in any case, forcing others to comply with the religious-based edicts of one sect flies in the face of the constitutional guarantee of free religious expression.
The complaint also alleges that the Kentucky law should be void for vagueness under the 5th and 14th Amendments. As with so many laws triggered by Dobbs v. Jackson Women’s Health Organization that predate modern medicine, it’s not clear whether the law requires preservation of the embryos. Moreover, the complaint argues, Kentucky’s abortion law “does not impose clear standards, rules, or regulations regarding the potential experiences of potential birth givers with regards to their access to reproductive technology.”
Regardless of whether the lawsuit succeeds, it raises three critical issues that apply in legal challenges to abortion bans. First, it pulls back the curtain to reveal that judges are acting on a religious, not scientific, view of personhood. The arrogance in assuming that everyone buys into a specific Christian sectarian viewpoint reveals the degree to which right-wing courts and legislatures ignore or disfavor Americans who are not Christian. It’s critical to force politicians, media, pundits, doctors, researchers and ordinary voters to recognize this.
Second, the lawsuit makes clear the negative impact on IVF, which was not in existence when many state abortion bans were passed in the 19th or early 20th century. The current crop of state lawmakers and Supreme Court justices seems willfully oblivious to the implications for such reproductive care. Do they really want to make a commonly used process for procreation effectively impossible?
Finally, it’s not just the Kentucky law that is vague to the point of unintelligibility. Many state statutes use vague, nonmedical terms to put doctors and patients in untenable positions. Should physicians render care to a pregnant woman experiencing a dangerous pregnancy, risking prosecution under the opaque language of a 19th-century law, or should they let the patient’s condition become so acute that she might fit within an exception for preservation of her life? The uncertainty these laws have imposed seems designed to chill the willingness of doctors to provide care, even if it turns out to be legal.
If the Kentucky lawsuit forces state legislators to wrestle with the real harm and chaos these laws have created, then it will be a success. Good thing that there is an election less than a month away.

The uncertainty these laws have imposed
seemsmost definitely is designed to chill the willingness of doctors to provide care, even if it turns out to be legal.”Fixed.
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Great article. Religious freedom is guaranteed in The Constitution, but religion is hardly a monolith in this country. Not all Christians are pro-life along with many others from other religions. Let the challenges to this draconian decision fly, and share this post on social media.
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“…who do not believe in the Christian dogma that human life begins at conception.”
That is dogma some Christians accept. Others do not. As a matter of fact, since Luther, many Christians believe that individual conscience is the arbiter of faith. Some do not. What has happened post Roe v Wade is that certain vocal groups of Christians have claimed the dogma that life begins at conception, citing various scriptures to support this idea. Led by Catholic statement, which denies the morality of birth control, these groups have provided a bloc vote to certain political figures for years. So we have the Leo Court and the idea that the court can do what it wants to. The dog has caught the car. Now what?
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Leo and the SCOTUS justices had the help of media and influencers who out of cowardice or some other reason avoided the obvious connection between right wing religion and gay and abortion issues. Add to that list, school choice.
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The Supreme Court is not just violating religious freedom, but more critically it is violating women’s freedom, which applies to all women, regardless of their religious belief.
Violation of religious freedom pales in comparison to the violation of the freedom of women in general.
Can’t get much more unConstitutional than what this court is doing.
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Even if the Supremes and Congress conspired to impose a national religion (Catholicism), it would be nothing in comparison to taking away a woman’s freedom to control her own body, which the Supremes just did by overturning Roe.
Atheist women could not care less about religious freedom, but you can bet that tgey care when some men tell them what tgey can and can not do wit tgeir own body.
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Well said. Implied in the message of the Dobbs’ decision is that women deserve fewer rights than men, and they are defined by their ability to procreate.
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Atheists have the most to lose when freedom of religion is taken away. Freedom of conscience is a fundamental that protects atheists like it protects Puritans. The reason atheists have so much to lose is that religions often want conformity to their peculiar ethics (think wear a hijab). Very few atheists I ever met were handing out tracts at the Walmart
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If Catholicism were established as the national religion, an atheist would have more to lose than a Catholic, of course, but less to lose than a Jew, Muslim , Lutheran or member of any other religion because the atheist has no vested beliefs in any one religion.
If it were not for actual religious restrictions on freedom mandated by law, most of which apply to women, not coincidentally (bans on abortion , forced wearing of burkas, head scarves, etc), most atheists would simply laugh at the imposition of a national religion because without secular laws, there is no way to force them to believe any of it and since they don’t believe any one particular story, telling them they have to believe another is not going to be particularly offensive.
On the other hand, if you told a Jew or Muslim they had to believe in Jesus Christ as savior, they would undoubtedly be very offended because it directly contradicts their own specific beliefs.
The atheist is really going to be offended by restrictions on freedom that are backed up by secular laws and I just don’t see that they have “more to lose” than any other person in that regard.
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Atheist is really only going to be offended by religious restrictions forced upon them by secular laws
Other than that, they would find a mandate that they have to adopt this that or the other religious belief simply laughable.
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The atheist has to confront attempts to change their mind which come from evangelical faiths. They rarely return the favor unless asked. That was my intention in saying they have more to lose from an established religion
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Well darn, if the six extreme right Theofascist Supreme Court Justices want to use their translated version of the Bible (there are more than 400 different translations) to justify forcing what they think on everyone else why not use this passage?
Deuteronomy 28:53-63
“53 “You will eat your children, the flesh of your sons and daughters the Lord your God has given you during the siege and hardship your enemy imposes on you.
54 The most sensitive and refined man among you will look grudgingly at his brother, the wife he embraces, and the rest of his children,
55 refusing to share with any of them his children’s flesh that he will eat because he has nothing left during the siege and hardship your enemy imposes on you in all your towns.”
I mean, how can parents eat their children during a siege if all women are not forced to have children? After all, we can’t eat if the shelves are empty and there aren’t enough children.
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Good points all.
Your logic is unTrumpable.
You should be a Supreme Court Justass.
For what it’s worth (nada), I nominate you.
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Lloyd for Extreme Court!
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The other day I started to type statistics into my phone and autocorrect served up Deuteronomy. Deuteronomy typed on purpose gets you the entire word only when you get to ro. Something is going on besides cannibalism.
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Hilarious, Lloyd.
And Justices, by all means, let’s base our laws on the superstitions of an ancient people, of a prescientific time, running around in the desert. Do not suffer a witch to live. Don’t touch a woman for 7 days after giving birth to a son or 14 days for a daughter to avoid becoming impure.
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Twice as much for a daughter because, you know, female = twice as impure
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Note that the Bible did not say they could not touch the newborn son or daughter , which one would have to do in order to eat them, of course. So the Bible is being internally consistent, at least.
It only said don’t touch a woman for 14 days max, which would only prolong the time till tge next child could be born by a little bit and if one has to wait nine months until ones next meal, 14 extra days isnt going to make sny difference st any rate.
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The monotheistic religions are simply returning to form.
They originated in the first settled agricultural city states, the so-called hydrological states. These needed centralized authority to carry out large public works projects like irrigation systems and the centralized, manmade, oracular mountain, the ziggurat, with its associated buildings for housing the god-king, his priests and his warriors (for enforcing his will), and the grain extorted from the people. Placement of all power in one figure simply mirrored, in the heavenly realm, the desired order on the Earthly realm, and the god-king justified his authority as descending from god by lineage or divine appointment. In Babylon, there was a chamber at the top of the main ziggurat where the head priestess would go to have conjugal visits with the god, lol. I think that the current monotheistic religions descended from these should bring back that practice. So, the city state and authoritarianism and monotheism (and patriarchy, btw) were one development.
This has been your The History They Didn’t Teach You in School Moment for 10/14/22.
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Things they aren’t going to teach you in high school, number 15,464,422,683:
None of the monotheisms is “the true religion,” as a simple glance at a timeline will illustrate. Monotheism was a VERY LATE HUMAN INVENTION, given that creatures anatomically very like us have been around for at least 200,000 years and monotheism has only been around for about 4,000 years, or for 2 percent of the human tenure on this planet. Unless the big guy in the sky decided to keep his existence a secret for the first 196,000 years. Could be. Could be I would like a cold soda. Yes, that is more likely.
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cx: of the human tenure. Period.
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Like most monocultures , monotheism is very brittle.
It can’t withstand any change in the environment.
It’s very existence is threatened by such change, which is why you see the monotheist religions lashing out against gays, trans gendered people and anyone else who does not fit into the mold.
Polytheism is much more adaptable and much less likely to be intolerant of variety.
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Monotheism is also out of tune with the natural environment because it presumes that humans are somehow special and that the earth and it’s creatures are simply here for human use.
More than anything else, monotheism is the cause of our current environmental predicament.
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Bob
I think you had it right the first time.
How do you know there are not humans on other planets with tenure?
For example, how do you know the Great Pyramid of Giza is not actually a portal to another planet?
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“how do you know the Great Pyramid of Giza is not actually a portal, , , , ,”
Two observations:
Yes, it is a portal, but it transports you to hell (which is inside the brain of Donald Trump).
The great portal you are thinking of is the space port under the Vatican used by the shape-shifting reptilians from Alpha Draconis who secretly serve as heads of state and captains of industry around the world. If you want to know THE TRUTH, send a 12-inch stack of $100 bills to my UPS box at Truth Asocial, Inc, in St. Pete, Flor-uh-duh. And for preliminary homework, watch the film They Live!
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It seems to me that you are making a very unjustified assumption.
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I think that a majority of practicing Christians I know are anything but monotheistic. That tend, rather, toward monolatry, the practice of believing a particular god is theirs. Most think there are two Gods, the second of which is the Devil. This allows the battle between God and the Devil to be waged in the imagination, the fight between good and evil.
Others go way beyond this, seeing magical forces all around them, some good, some more specific. Scratch a baseball player and he itches where his superstition lies.
Most of the monotheism in ancient times was like this only more forthright. They believed there were other gods, they just chose one to praise as the one. We are not so far from this now. Sectarianism in Christianity mirrors this paradox of monotheism: I claim my God and reject your view of my God even as I admit you worship the same God.
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As you doubtless know, Roy, at first, in the Edict of Milan, Constantine called for toleration of various sects. But then, with the rise of the Arians and the increase in sectarian fighting, he called the Council of Nicocea (a city in what is now Türkiye) to establish a single official teaching. Thereafter, the church was ruthless in stamping out heretics, including the various sects of Gnostics, who believed that there were two gods–the bad one, the Rex Mundi, the god of the world, described in the Old Testament, who made this world, and the good one of the New Testament who belonged to the separate spirit world and whom one grew closer to via renunciation of the world and gaining gnosis, or secret knowledge. Ironically, the Church ruthlessly stamped out the Gnostics but ended up adopting something very like their belief system with, as you mention, Roy, the role of the Rex Mundi, the bad god, taken over by the Devil and with Contemptus Mundi, (contempt of/for the world) including rejection of the body and of bodily pleasure, being a major theme of its teaching post Augustine. The Gnostic good god/bad god stuff was also central to Manicheism.
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If you line up the Biblical writing that has come down to us not in order of the events described but in order of composition, it becomes clear that the early Hebrews were polytheistic but thought of theirs as the best or most powerful of the gods. Monotheism emerged among them and was perhaps their most powerful influence on the rest of the world.
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“Could be I would like a cold soda. Yes, that is more likely.”
You mean like a cold coke?
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Haaa! No, I meant a cold tonic.
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You’re fired!!
Lloyd too
Eating babies and conjugal visitation with God?
You guys make the teaching of critical race theory seem tame in comparison
.DeSantis would have to fly you to Martha’s Vineyard to mskecsure you were not corrupting (and eating) the children.
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If I am not mistaken, the Liberals in Martha’s Vineyard practice both of those things.
Lots of pizza joints on Martha’s Vineyard (so says Alex Jones, who is a noted authority on such things) and has been known to himself have a slice of pizza and conjugal visits with God from time to time)
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Alex and Jim.
The same last name.
Coincidence? I think not.
Both have drunk the Coolaid
And both have followers who have done the same.
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A conjugation visit with God:
I am God
Today I create
Yesterday I created
Tomorrow I will create
By this time tomorrow I will have created
I am
Always creating
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Beautiful, Roy!
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The people of the early city states were not strictly monotheistic, of course. The Sumerians, Akkadians, Babylonians, Assyrians, etc., worshipped many gods. But they elevated one to the status of king of the gods, emphasizing hierarchy, authority, centralized command and control. In Earth as it is in Heaven being the theme from then on. The Hebrews, ofc, introduced Monotheism per se (fairly late in their development), though there was a brief flirtation with it under Akhenaten in Egypt.
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