Reproductive Liberty on the National Day of Reason (Prayer)

I noted in my addendum on Monday regarding the leaked draft abortion opinion that I would continue my hedging on making strong conclusions. Nonetheless, there are various things to be said, and many said it. One good discussion is from a separatist leaning religious law scholar. One thing it includes is that the opinions reference to a "belief" underlines the religious liberty nature of reproductive liberty:

The way to allow everyone to live their own truth is to keep abortion legal. Those whose religion condemns it can eschew it; those whose religion does not can opt to end unwanted pregnancies and control their own fates.

The religious liberty nature of abortion rights is not really surprising given how religion is such a big part of the movement against abortion rights. Nonetheless, many for abortion rights also are motivated by religious faith to some degree.  Catholics For Free Choice is but one group whose stance is influenced by their religious faith.  

The matter is often not seen in a religious way though again that is a bit silly given the history.  Other words like "belief" or "morality" or "conscience" is used.  One significant lower court opinion noted:

Whatever discretion a legislature may have in deciding, within constitutional limits, to assert a generally acknowledged state interest at the expense of a constitutional right, it cannot do so here where the significance of the constitutional right is extraordinarily high, and the nature of the state interest asserted is itself a matter of such diverse personal judgment. 

And, the "personal judgment" involves a range of things, but religion clearly is a significant aspect.  The American Humanists had this to say about the draft opinion:

Access to safe and legal abortion is about more than reproductive choice and freedom. It is also about economic justice, racial justice, and our inherent right to self-determination,” comments Nadya Dutchin, Executive Director of the AHA. “This leaked draft shows us what humanists and the American Humanist Association have known; religious extremism continues to undermine good government and advance a bleak and regressive future."

Reproductive justice is warranted for a range of things. Religion is not going to be the grounds for that in every case, but quite often it will be, including the purpose of the restrictions.  A personal's position on "life" in this context is not going to be merely some scientific decision.  It will be a choice that will be religiously motivated or some non-religious approach in place instead.  Not speaking is free speech; no religion is religious liberty.

Reproductive liberty or justice (justice sometimes used to be more open-ended) often is something that humanists and freethinkers support in part because of this very fact.  Again, it isn't just this.  Thus, for instance, it clearly is a matter of sexual equality vs. stereotypes and so on of sexual roles, the importance of true equal citizenship.  And, other things.

The religious liberty aspect is unfortunately not addressed enough in court opinions though Justice Sotomayor flagged it in the Dobbs oral argument. The National Day of Reason might be a good time to cite this.  In fact, so might the more well known National Day of Prayer.  A day that I have expressed might problems with in this past, granting there are bigger issues.

Democratic presidents these days try to frame religious messages in a broad way, honoring the fact that not everyone is a member of a monotheistic faith and so on.  Nonetheless, there is only so much that can be done when Congress singles out a day to honor "prayer" and in a statement "in the year of the Lord," President Biden decides to "invite all people of faith to join me in asking for God’s continued guidance, mercy, and protection."

There are a ton of days honoring things, but there is a certain provision in place that is concerned about separation of church and state as compared to any issues with honoring Asians and Pacific Islanders.  There is a certain gratuitous thing here too since these days "God Bless America" or something is a thing tossed at the end of standard presidential speeches.   Why the need for a day of prayer?  Sorta what the Sabbath is for, huh?