Abortion Rights as the Free Exercise of Religion

This book is the first to analyze Supreme Court decisions in two distinct areas--religious freedom and abortion rights--to show that the Court gives women a religious right to abortions, at least during the first half of pregnancy. The Court now considers any sincerely claimed religious belief to be worthy of accommodation if that causes no great harm. Therefore, a woman who claims that having a child would interfere with work dedicated to God's glory should receive an accommodation that exempts her from state laws that restrict abortion, as that is the kind of relief that the Court has accorded others seeking religious exemptions from generally applicable laws and other rules

The Court cannot claim in this case that great harm is caused by abortion, because it maintains even in its most recent abortion decision that it is completely neutral on the question of when the unborn attains a right to life, and loss of the unborn's life is the central harm that others claim abortion entails. The book argues that 21 weeks of gestation is the earliest point at which a right to life can be attributed to the fetus on a scientific basis.