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Edited on Sun Nov-08-09 02:30 PM by Kurt_and_Hunter
Actions that claim to be public policy but are religiously driven violate the establishment clause. "Teaching both sides" on evolution fails as public policy because the courts recognize that the purpose is religious, even if the statute presents he matter as one of free-inquiry.
Is anti-choice primarily a religious movement? For government endorsement of an idea to be an Establishment Clause violation does not require that an idea be entirely, solely or uniquely religious. (A handful of scientists reject evolution on non-religious grounds but that does not make school evolution bans okay.)
Is there any compelling state interest to discriminate against abortions? Is there even a rational interest?
States said that blue laws (requiring businesses to close on the Sabbat... sorry, on Sunday) had a rational basis because everyone needs a day off and most folks are Christian so Sunday is a good day for it. That argument eventually failed and Jews were free to honor their sabbath while being open six days a week, just like Christians. (Jews held their own Sabbath, closing their stores on Friday night, then had the Christan sabbath mandated on them.)
Are there anti-choice arguments that are more persuasive as neutral public policy than blue laws and teaching intelligent design?
That's a lot of questions, so to return to the actual poll question:
Is treating early-term abortion differently than other procedures an establishment clause violation?
(I say early term because under Roe the legitimate state interest in early term abortions is held to be minimal, thus focusing the question.)
(reposted to fix earlier computer-garbled poll)
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