Legal complaints are stacking up against Floridas 15-week abortion ban, all of them arguing that the law imposes a narrowly sectarian definition of when life begins upon other elements of the faith community that hold markedly different ideas about the matter.
The trend began in early June, when Barry Silver, a South Florida lawyer and former lawmaker turned rabbi, filed a lawsuit in Leon County Circuit Court challenging the abortion law as violating the religious rights of his Congregation LDor Va-Dor in Palm Beach County.
In Jewish law, abortion is required if necessary to protect the health, mental or physical well-being of the woman, or for many other reasons not permitted under the act. As such, the act prohibits Jewish women from practicing their faith free of government intrusion and thus violates their privacy rights and religious freedom, Silvers complaint reads.
Then, on Aug. 2, came separate litigation, organized by the Jayam Law group, based in Chicago, raising similar claims in Miami-Dade County Circuit Court on behalf of three rabbis and clergy associated with United Church of Christ, Unitarian Universalist, Episcopal, and Buddhist congregations.
These claims, like Silvers, assert violations of freedom of speech and free exercise and enjoyment of religion under Article I Sections 3 and 4 of the Florida Constitution; the Florida Religious Freedom Restoration Act; and freedom of speech and free exercise of religion under the First and Fourteenth Amendments to the United States Constitution.
Since time immemorial, the questions of when a potential fetus or fetus becomes a life and how to value maternal life during a pregnancy have been answered according to religious beliefs and creeds, one of these lawsuits, filed on behalf of an Episcopal priest in that faith argues.
HB 5 codifies one of the possible religious viewpoints on the question, and in its operation imposes severe burdens on other believers including Episcopalians and their clergy like plaintiff.
The latest development is Silvers announcement during a telephone interview that he plans as early as Monday to file an amended complaint adding a Unitarian minister, a Buddhist, an atheist rape survivor whos undergone two abortions, and the Los Angeles-based Shalom Center.
In order to support this law, the state has to show that it has some type of compelling governmental interest, Silver, an active litigator who served in the Florida House between 1996 and 1998, told the Phoenix.
The only interest thats being served is the political ambitions of Gov. [Ron] DeSantis. He has to curry favor with his base, which believes that they have the right to inflict their Biblical misimpressions, misunderstandings, on everyone else, he continued.
They certainly dont have the right to inflict them on Jewish people we wrote the Bible, he said. And, unlike DeSantis and these fundamentalists and Catholics, we actually can read it in the original. We know what it says.
The law in question, HB 5, bans abortions after 15 weeks gestational age, or following the last menstrual cycle. The law contains exceptions only to protect the pregnant persons health or life or in cases of fatal fetal abnormalities but not rape or incest.
All of the religious plaintiffs seek a court order barring enforcement of the law.
Opponents of the abortion ban have already realized a preliminary legal victory. That came on July 5, four days after the law took effect, when Leon County Circuit Judge John Cooper declared that it violated the privacy clause in the Florida Constitution.
The Florida Supreme Court in 1989 had ruled the privacy clause covered the right to abortion. The Legislature passed the 15-week ban, and DeSantis signed it in April, in anticipation that the U.S. Supreme Court would overrule Roe v. Wade, which that court did on June 24.
Notwithstanding all that, Cooper concluded that he was bound by the 1989 Florida precedent, which stuck down a parental abortion notification law for minors.
However, the Florida First District Court of Appeal allowed the ban to take effect. The case remains before that court pending further proceedings on its merits. It presumably will eventually land before the Florida Supreme Court, which DeSantis appointments have rendered far more conservative than in 1989 and cant be relied upon to sustain its own precedent.
The Jayam litigants, like those in Silvers case, argue that clergy belonging to denominations that sanction abortion under some circumstances could face felony penalties of up to five years in prison if they counsel congregants to undergo the procedure.
Under HB 5 and Floridas criminal law, plaintiff is at risk of prosecution for counseling women, girls, and families to obtain an abortion beyond the narrow bounds of HB 5 as someone who aids and abets the crime. Under Floridas aiding and abetting law, he commits the crime itself by counseling in favor of it, a brief filed for a Unitarian minister reads.
HB 5 violates the sacred trust between a clergy member and their disciples, and tramples plaintiffs First Amendment and Florida constitutional rights to free speech and free exercise of religion, and the rights under the [Florida Religious Freedom Restoration Act]. It also violates the separation of church and state under the federal and state constitutions, reads a brief filed for a Buddhist lama.
Its a misconception that the Bible teaches that life begins at conception, Silver said.
Theyre confusing potential with actual. It makes as much sense as calling an acorn an oak tree or an egg a chicken. Its not a preborn baby, its a fetus. And its not fully developed, its not human, until birth, according to Jewish law. And we have the right as Jews to practice our law but we also are championing the rights of others. Thats why we expanded this lawsuit to cover other religions, he said.
Silver described what DeSantis and the Legislature are trying to do this way:
Theres a legal term for that, Silver said. Its called chutzpah.
Read the rest here:
Religion-based claims are piling up against Florida's 15-week abortion ban - Florida Phoenix
- Supreme Court revives NRA's lawsuit alleging that New York violated its First Amendment rights - POLITICO - June 2nd, 2024
- Opinion | The NRA deserved its First Amendment win at the Supreme Court - The Washington Post - The Washington Post - June 2nd, 2024
- Why Justice Sotomayor just handed the NRA a big Supreme Court victory - Vox.com - June 2nd, 2024
- NRA v. Vullo: A Big First Amendment Win at the High Court - Cato Institute - June 2nd, 2024
- Theres a First Amendment right to express Second Amendment views - Washington Examiner - June 2nd, 2024
- Unanimous First Amendment Victory for the NRA (Represented by the ACLU) - Reason - June 2nd, 2024
- In a Victory for Assange and First Amendment, UK Court Grants Right to Appeal Truthout - Truthout - June 2nd, 2024
- Supreme Court Says Government Bullying Can Violate the First Amendment - Goldwater Institute - June 2nd, 2024
- Preemption, the First Amendment, and Ineffective Assistance of Counsel on Todays Decisional Menu - SCOTUS Today - The National Law Review - June 2nd, 2024
- University of Michigan police officers suspension violated First Amendment, jury finds - MLive.com - June 2nd, 2024
- SCOTUS Unanimously Sides With NRA in First Amendment Case - The Reload - June 2nd, 2024
- Video is at the center of First Amendment case against North East School District - GoErie.com - June 2nd, 2024
- NRA gets 1st Amendment win as Supreme Court blasts NY official who pressured banks to cut ties with gun lobby - The Independent - June 2nd, 2024
- Cleveland Cliffs and its CEO should put on the big boy pants and stop going against the 1st Amendment: Today - cleveland.com - June 2nd, 2024
- TikToks Future in U.S. Depends on Bet on First Amendment - The New York Times - May 15th, 2024
- Opinion | Campus protests, young people and importance of the First Amendment - Bridge Michigan - May 15th, 2024
- Shielded Speech: Exploring the First Amendment in Anonymous Online Discourse - Disruptive Competition Project - May 15th, 2024
- The 8 First Amendment cases the Supreme Court will decide this term - Foundation for Individual Rights and Expression - May 15th, 2024
- Umut Bayramoglu: The night the First Amendment died on Jayhawk Boulevard, and why you should care (Column) - The Lawrence Times - May 15th, 2024
- Court dismisses First Amendment lawsuit filed against Palomar Health by one of its directors - The San Diego Union-Tribune - May 15th, 2024
- Yolo County group gets settlement with county over 1st Amendment - ABC10.com KXTV - May 15th, 2024
- TikTok creators sue to block law that could lead to a ban - The Washington Post - May 15th, 2024
- Letter to the Editor: That remarkable First Amendment Muddy River News - Muddy River News - May 15th, 2024
- TikTok sues the US over attempts to force its Chinese parent to sell the social media platform, citing First Amendment - ABC News - May 15th, 2024
- Sunday Business Page: Campus protests and the First Amendment - CBS Pittsburgh - May 15th, 2024
- First Amendment protections for public comment at government meetings - Foundation for Individual Rights and Expression - May 15th, 2024
- Survey shows: Most Americans are concerned about the future of free speech - Foundation for Individual Rights and Expression - May 15th, 2024
- First Amendment argument 'not in play' with TikTok bill rebuttal: Ajit Pai - Fox Business - May 15th, 2024
- On resistance, revolution, and dissent campus protests in 44 states and the District of Columbia First Amendment ... - Foundation for Individual... - May 15th, 2024
- The Antisemitism Controversy Shows the Wisdom of the First Amendment The Future of Freedom Foundation - The Future of Freedom Foundation - May 15th, 2024
- Hate speech, the First Amendment and the college conundrum - The Hill - January 15th, 2024
- Big Oil Is Weaponizing The First Amendment - The Lever - January 15th, 2024
- Robert Post: 'There is growing pessimism about the future of free speech in the United States' First Amendment ... - Foundation for Individual Rights... - January 15th, 2024
- Court sends case of prosecutor suspended by DeSantis back to trial judge over First Amendment issues - The Associated Press - January 15th, 2024
- Professor's Lawyers Argue: Private University Student Newspapers Are Not Entitled to First Amendment Protection - Reason - January 15th, 2024
- Appeals court says DeSantis violated Andrew Warren's First Amendment rights - Creative Loafing Tampa - January 15th, 2024
- Lawsuit Over UC Santa Cruz's Diversity Statements Dismissed on Standing Grounds - Reason - January 15th, 2024
- First Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - The Associated Press - December 28th, 2023
- First Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - NBC News - December 28th, 2023
- Project Veritas's First Amendment Claim to the Diary of Biden's Daughter Denied By Judge - Vanity Fair - December 28th, 2023
- Veritas' First Amendment claim in Biden's daughter's diary rejected by judge - Axios - December 28th, 2023
- 2023 Year in Review: The U.S. Supreme Court's Busy Year of Free Speech and Tech Cases - EFF - December 28th, 2023
- Cook County Sheriffs Office accused of retaliation and First Amendment violations - Chicago Reporter - December 28th, 2023
- The Religious Liberty Step Too Far That Could Destroy the Common Good If We Let It - Justia Verdict - December 28th, 2023
- First Amendment Likely Protects Even Unlicensed Engineers' Right to Provide Expert Opinion in Government ... - Reason - December 28th, 2023
- Social Media Censorship and The First Amendment - Reason - December 28th, 2023
- Voices from the State University of New York at Fredonia: Banning of books contradicts our First Amendment - Evening Observer - December 28th, 2023
- 1st Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - Santa Fe New Mexican - December 28th, 2023
- Project Veritas First Amendment | US and World News | wvnews.com - WV News - December 28th, 2023
- 1st Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - News10NBC - December 28th, 2023
- 1st Amendment claim struck down in Project Veritas case focused on diary of Biden's daughter - WAND - December 28th, 2023
- First Amendment Claim Rejected in Project Veritas Case Focused on Diary of Biden's Daughter - NEWSnet media - December 28th, 2023
- Trump Demands Dismissal Of GA RICO Citing First Amendment Right To Ask Politicians To Do Crimes - Above the Law - December 20th, 2023
- Courts Are Choosing TikTok Over Children - The Atlantic - December 20th, 2023
- Legislators Don't Have First Amendment Right Not to Show Up to Legislature - Reason - December 20th, 2023
- These university presidents need to go back to school on the First Amendment - Washington Examiner - December 20th, 2023
- Is saying 'From the river to the sea, Palestine will be free' protected speech under the First Amendment? - Foundation for Individual Rights in... - December 20th, 2023
- UPDATE: Annapolis First Amendment Auditor Sentenced to 90 Days for Criminal Trespassing at Calvert Health ... - Southern Maryland News Net - December 20th, 2023
- Free Speech and "Harassment Restraining Orders" - Reason - December 20th, 2023
- East Lansing ordered to pay farm more than $800000 in First Amendment lawsuit - WKAR - December 20th, 2023
- RCFP urges SCOTUS to reverse ruling in First Amendment retaliation case - Reporters Committee for Freedom of the Press - December 20th, 2023
- What are the legal, practical bounds of free speech on college campuses? - University of Illinois Urbana-Champaign - December 20th, 2023
- Standing Guard | SCOTUS To Hear First Amendment Case | An Official Journal Of The NRA - America's 1st Freedom - December 20th, 2023
- What the college presidents got wrong about the First Amendment - WBUR News - December 20th, 2023
- Big win for the First Amendment in Virginia - Washington Examiner - December 20th, 2023
- Trump, in filing, asks judge to dismiss 'invalid' Georgia election interference charges - ABC News - December 20th, 2023
- First Amendment Auditor Sentenced To 90 Days In Jail For Criminal Trespass In Calvert County - Bay Net - December 20th, 2023
- The Bill of Rights Super-Quiz Civic Nebraska - Civic Nebraska - December 20th, 2023
- Second Amendment Roundup: Second Circuit Opines on New York's Gun Restrictions - Reason - December 20th, 2023
- Opinion | University presidents get schooled in free speech and antisemitism - The Washington Post - December 20th, 2023
- Is the racist tirade in a viral TikTok out of Midvale protected by the First Amendment? - KUTV 2News - December 20th, 2023
- Judge rejects town's ban on 'thin blue line' flag: 'Resounding win for the First Amendment' - Alabama's News Leader - November 17th, 2023
- An unprecedented First Amendment issue: Trump cites gag order appeal as reason for Thanksgiving extension to support three-pronged attack on Jack... - November 17th, 2023
- Trump strangely not mentioned during SCOTUS hearing on First Amendment case over encouraging violations of federal law - Law & Crime - March 31st, 2023
- Werewolf Therapeutics - On March 16, Entered Into A First ... - Kalkine Media - March 23rd, 2023
- Lawmakers submit more than 140 amendments as House opens process for first time in seven years - The Hill - January 30th, 2023
- National organization wants to join legal fight over Beachwood, police chiefs efforts to unmask anonymous cr - cleveland.com - January 30th, 2023
- Bill of Rights | The First Amendment Encyclopedia - January 22nd, 2023
- 10 Facts About the First Amendment and Elections - January 22nd, 2023
- Freedom of Speech - Origins, First Amendment & Limits - HISTORY - January 22nd, 2023