S5, Ep. 28: Conscience protections in SCOTUS abortion cases

05/09/24 • 40 min

How do religion and religious freedom arguments interact with cases about abortion access? The legal landscape here is beyond complex, and in this episode, Amanda Tyler and Holly Hollman look at how conscience protections were discussed in two recent Supreme Court cases about abortion. There is a deepening religion and policy conversation in our country, and they discuss how that conversation is reflected in these oral arguments – from Church Amendments to the doctrine of preemption.

SHOW NOTES Segment 1 (starting at 00:38): U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine

Amanda and Holly discussed state laws after the Dobbs decision two weeks ago – in episode 26 of season 5: Archaic laws and new theories emerge from state abortion debates

Learn more about the Arizona legislature’s repeal of the 1864 law in this article by Stacey Barchenger and Ray Stern in the Arizona Republic: Arizona abortion ban repeal signed by Gov. Katie Hobbs, but 1864 law will linger for months. What’s next?

Learn more about the 6-week ban on abortions in Florida in this article by Stephanie Colombini for NPR: Florida’s 6-week abortion ban is now in effect, curbing access across the South

We played a series of clips from the oral arguments in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine, which the Supreme Court heard on March 26, 2024. You can hear the audio at this link. The clips we played featured:

Solicitor General Elizabeth Prelogar (from 00:00:48 into the arguments)
Justice Brett Kavanaugh and Solicitor General Elizabeth Prelogar (from 00:28:31 into the arguments)
Justice Amy Coney Barrett and Solicitor General Elizabeth Prelogar (from 00:29:11 into the argument)
Justice Ketanji Brown Jackson and Attorney Erin Hawley (from 01:16:40 into the argument)

Read an overview of conscience protections from the U.S. Department of Health and Human Services at this link.

Segment 2 (starting at 19:26): Moyle v. United States

Moyle v. United States is a consolidated case with Idaho v. United States.

“EMTALA” stands for “Emergency Medical Treatment and Labor Act.” Read what the American Medical Association says about the case and EMTALA at this link.

We played a series of clips from the oral arguments in Moyle v. United States, which the Supreme Court heard on April 24, 2024. You can hear the audio at this link. The clips we played featured:

Justice Elena Kagan and Attorney Joshua Turner (from 00:06:09 into the argument)
Attorney Joshua Turner and Justice Elena Kagan (from 00:08:02 into the argument)
Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:23:54 into the argument)
Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:48:43 into the argument)

Respecting Religion is made possible by BJC’s generous donors. You can support these conversations with a gift to BJC.

SHOW NOTES Segment 1 (starting at 00:38): U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine

Amanda and Holly discussed state laws after the Dobbs decision two weeks ago – in episode 26 of season 5: Archaic laws and new theories emerge from state abortion debates

Learn more about the 6-week ban on abortions in Florida in this article by Stephanie Colombini for NPR: Florida’s 6-week abortion ban is now in effect, curbing access across the South

Solicitor General Elizabeth Prelogar (from 00:00:48 into the arguments)
Justice Brett Kavanaugh and Solicitor General Elizabeth Prelogar (from 00:28:31 into the arguments)
Justice Amy Coney Barrett and Solicitor General Elizabeth Prelogar (from 00:29:11 into the argument)
Justice Ketanji Brown Jackson and Attorney Erin Hawley (from 01:16:40 into the argument)

Read an overview of conscience protections from the U.S. Department of Health and Human Services at this link.

Segment 2 (starting at 19:26): Moyle v. United States

Moyle v. United States is a consolidated case with Idaho v. United States.

“EMTALA” stands for “Emergency Medical Treatment and Labor Act.” Read what the American Medical Association says about the case and EMTALA at this link.

We played a series of clips from the oral arguments in Moyle v. United States, which the Supreme Court heard on April 24, 2024. You can hear the audio at this link. The clips we played featured:

Justice Elena Kagan and Attorney Joshua Turner (from 00:06:09 into the argument)
Attorney Joshua Turner and Justice Elena Kagan (from 00:08:02 into the argument)
Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:23:54 into the argument)
Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:48:43 into the argument)

Respecting Religion is made possible by BJC’s generous donors. You can support these conversations with a gift to BJC.

Previous Episode

S5, Ep. 27: 100 episodes and 100,000 downloads

For the 100th episode of Respecting Religion, Amanda Tyler and Holly Hollman answer listener questions, ranging from the law surrounding the tax-exempt status of religious institutions to their favorite Supreme Court justices. They also look at some of the big Supreme Court decisions and the shifts on the Court since this podcast began four years ago, sharing some of their favorite and most impactful episodes.

SHOW NOTES Segment 1 (starting at 00:38): How did we get to 100 episodes?

The podcast series on the dangers of Christian nationalism ran in 2019, and it’s available on the BJC Podcast feed, and you can see all of the episodes on this page of the Christians Against Christian Nationalism website.

Holly and Amanda mentioned some of their favorite episodes, including:

You can see a list of every single episode at BJConline.org/RespectingReligion

Segment 2 (starting at 19:06): Questions on tax-exempt status, tough conversations, and more

Holly mentioned the 1983 case of Bob Jones University v. United States. You can read the decision here.

For more about the Respect for Marriage Act, check out episode 7 from season 4: Does the Respect for Marriage Act protect religious liberty?

For more on the Johnson Amendment and the way it protects churches and other groups who are eligible for the 501(c)(3) tax-exempt status, visit this page on our website. Amanda and Holly also discussed it a bit on episode 4 of season 2: Grading the Trump administration on religious freedom.

Holly mentioned episode 6 from season 3: Challenging misinformation: How to have productive conversations with friends and family.

Segment 3 (starting at 34:07): Questions on podcast recommendations, favorite Supreme Court justices, and more

The podcasts mentioned by Amanda and Holly were:

Strict Scrutiny

Prosecuting Donald Trump

The Ezra Klein Show

Another Mother Runner

Amicus

Ten Percent Happier

Amanda and Holly discussed being interns at BJC. The internship program is ongoing – learn more about the opportunities by visiting BJConline.org/internships

Respecting Religion is made possible by BJC’s generous donors. You can support these conversations with a gift to BJC.

Next Episode

S5, Ep. 29: LGBTQ rights and religious freedom

LGBTQ rights and religious freedom are often pitted against one another, but they are not mutually exclusive. This episode of Respecting Religion looks at the recent decision by the United Methodist Church to repeal its ban on LGBTQ clergy and same-sex weddings as well as the broader conversation. Holly Hollman is joined by guest co-host Guthrie Graves-Fitzsimmons, BJC Communications Director. He shares some of his personal story, then he and Holly reflect on work bridging differences between LGBTQ rights advocacy and religious groups that oppose LGBTQ protections. They highlight the Respect for Marriage Act as one hallmark of bipartisan consensus building that achieves civil rights protections and safeguards religious liberty.

SHOW NOTES Segment 1 (starting at 1:23): The changing landscape of LGBTQ rights and religious freedom

Learn more about Guthrie Graves-Fitzimmons in his BJC bio.

Find more resources on religious liberty and the LGBTQ community on BJC’s website.

For in-depth information about public opinion on LGBTQ rights among different religious groups, visit the Public Religion Research Institute’s website at this link.

Segment 2 (starting at 5:20): The United Methodist Church lifts ban on LGBTQ clergy

Read coverage from Ruth Graham of The New York Times: United Methodist Church Reverses Ban on Practicing Gay Clergy

Read Guthrie’s MSNBC column: “Why United Methodists’ historic vote means so much to gay Christians like me.”

Segment 3 (starting 16:33): Bridging differences

Holly and Guthrie discussed the 2020 Brookings Institution report “A Time to Heal, A Time to Build,” by E.J. Dionne Jr. and Melissa Rogers.

Respecting Religion has devoted several episodes to the topics discussed in this episode. Listen to Season 4, Episode 7 for more on the Respect for Marriage Act, Season 4, Episode 26 for more on 303 Creative v. Elenis, and Season 1, Episode 17 for more on Bostock v. Clayton County.

Read more about BJC’s reaction to the Obergefell decision in 2015 in this column from Holly Hollman: Obergefell decision does not remove the separation of church and state. You can also access a 2-page resource with frequently asked questions about the decision.

Respecting Religion is made possible by BJC’s generous donors. You can support these conversations with a gift to BJC.