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St. Louis Post-Dispatch
St. Louis Post-Dispatch
National
Jack Suntrup

Missouri's Supreme Court tosses case alleging abortion law violated Satanic Temple member's rights

JEFFERSON CITY, Mo. _ The Missouri Supreme Court dismissed on Wednesday a case brought by a woman who said the state's abortion restrictions violated her religious beliefs.

The woman, identified as Mary Doe in court documents, is a member of the Satanic Temple, which describes itself as "an association of politically aware Satanists, secularists, and advocates for individual liberty."

Doe does not believe having an abortion terminates a separate, living human being, according to court documents. She said her rights were violated when she was required to wait 72 hours before undergoing an abortion, was given a booklet by Planned Parenthood and underwent a pre-abortion ultrasound.

In an opinion written by Judge Laura Denvir Stith, and agreed to by four other judges, the court ruled that Doe failed to allege a constitutional violation.

The court also said that while Doe alleged "requirements" under Missouri law violated her rights, the court said there are no such requirements. The court said she was free to turn down the "offer" of an ultrasound and a booklet.

(While state law does not require an ultrasound, Planned Parenthood conducts ultrasounds before abortions to determine the gestational age of a fetus.)

"(T)he informed consent law neither requires a pregnant woman to read the booklet in question nor requires her to have or pay for an ultrasound," the court ruled. "And, while Ms. Doe mentions the 72-hour waiting period, she does not allege how that waiting period conflicts with her religion nor that it was an undue burden, nor did she seek to enjoin its enforcement prior to the expiration of that waiting period."

Chief Justice Zel Fischer and Judge W. Brett Powell wrote a separate opinion that concurred with the five other justices.

The case dates to 2015, when Doe's attorneys argued her case in front of the Cole County Circuit Court. Circuit Judge Jon Beetem dismissed the case. The Missouri Court of Appeals Western District referred the case to the Supreme Court in 2017.

Former Missouri Gov. Eric Greitens, a Republican, used the case as political fodder as he was resisting calls to resign last year.

In a radio ad in defense of Greitens, a narrator stated that "even Satan's own lawyers from the Satanic Temple are suing Greitens."

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