I do hope this ends up in the courts, though I know that the Satanists will lose:
The Satanic Temple has launched a campaign seeking religious exemption from laws that restrict access to abortions, citing the Supreme Court's Hobby Lobby ruling.
The group, which “facilitates the communication and mobilization of politically aware Satanists, secularists, and advocates for individual liberty,” argues that states' “informed consent” laws violate its religious freedom.
“An increasing number of states have passed 'informed consent' laws, requiring that women seeking abortions be subjected to state-mandated informational materials that are often false or misleading,” the group wrote on its website. “We believe that personal decisions should be made with reference to only the best available, scientifically valid information.”
Lucien Graves, a spokesperson for the group, said that the Hobby Lobby ruling supports their initiative.
“While we feel we have a strong case for exemption regardless of the Hobby Lobby ruling, the Supreme Court has decided that religious beliefs are so sacrosanct that they can even trump scientific fact,” Graves said in a statement. “Because of the respect the Court has given to religious beliefs, and the fact that our beliefs are based on best available knowledge, we expect that our belief in the illegitimacy of state mandated ‘informational’ material is enough to exempt us, and those who hold our beliefs, from having to receive them.”
Thirty-five states have enacted informed consent laws that require women receive counseling before an abortion, and 27 of these states detail what information doctors should give to patients, according to the Guttmacher Institute.
It's hard to impossible to argue with their logic, but we all know they'll lose. Still, it will be interesting to see how the Supreme Court distinguishes Hobby Lobby away. Then again, maybe they'll find it impossible to do. When they struck down the “Defense of Marriage Act”, Scalia made the mistake of saying quite emphatically that this meant that any law against gay marriage was unconstitutional. The lower courts have jumped on that, one suspects with much glee, as a fair number of judges must loathe Scalia, and must therefore take delight in hoisting him on his own petard. It wouldn't surprise me to see the lower court judges, many of whom must be livid at the intellectual dishonesty of the Hobby Lobby decision, cite that case to death in support of claims like those of the Satanists. After all, the court forgot to say, as in Bush v. Gore, that this was a one off. I suspect, however, that the court will resort to the caveat in Hobby Lobby that its ruling doesn't necessarily apply to all claims of religious exemption; only to those with which the Frightful Five agree.