Government does and should regulate behavior. But, morality based on religious beliefs becomes a problem, when the beliefs of particular religious groups are imposed on others who don't believe as they do. Effective government would find the correct balance, where the laws reflect what's best for the majority and protects individual rights and freedoms within reason.
> The state has the power to regulate, but simply tolerates abortion under certain conditions.
The issue the U.S. will now be running into, is that various states will have conflicting laws on abortion, adding to chaos and confusion.
The extremism involved in total or nonsensical abortion bans by various states, like even in cases of: rape, statutory rape, teenage/child pregnancy, incest, life of mother in danger, high percentage chance child will have major birth defects, various contraceptive measures (IUDs, abortion pills) etc... Then becomes a matter of showing a callous attitude of destroying and endangering the lives of various women and even the children they might be forced to bear.
As someone who wishes this was codified in our constitution, I'm afraid the 'concept' is held relatively weakly.
Clarence Thomas has stated, regarding the Establishment Clause: 'The text and history of this Clause suggest that it should not be incorporated against the States.'
I wouldn't be surprised if there is concurrence among the conservative justices sans Roberts.
IMO, it's held "weakly" because there's a christian majority in the government at large (and the SC in particular). As such, the morality they advocate for just happens to also align with morality as defined by their faith.
If you hold a different morality (in particular the Jewish or Muslim views on abortion rights), you're just SOL because you're not a majority.
The Supreme Court has fewer deeply religious people than the country as a whole, because of the appointment process. The religious wing of the Democratic Party (conservative Hispanics and Black people) is excluded, while the religious wing of the Republican Party has to share appointments with economic libertarians (Kennedy, Roberts, etc).
That's besides the point regardless. The "Establishment Clause" prohibits the creation of a national church: https://constitutioncenter.org/interactive-constitution/inte.... That's what "Establishment of Religion" means--creating an official, established Church. Several states had an established church around the time of the founding: https://en.wikipedia.org/wiki/Separation_of_church_and_state.... For example, Massachusetts had "disestablished" its official church less than 10 years before the Constitution, and continued public funding of it until 40 years after the Constitution. The "Establishment Clause" prohibited the federal government from creating such an official religion.
The Establishment Clause does not prohibit people from voting for laws based on their religion. That is to say, it does not put a thumb on the scale in favor of beliefs based on secular philosophy versus religious philosophy. Voters (at the state level) can close stores on Sunday based on Christianity, no different than doing so based on secular beliefs about workers needing a day off.
So, none of that actually challenges my statement - that our politicians' morals are based extensively on those of their religion, thus avoiding any conflict of interest in their mind (i.e. Who doesn't view abortion as murder?), while still creating a "tyranny of the majority" for those who don't share their religion.
Legal or not according to the intent of "separation of church and state", it's holding us back as a country.
No, you're confused. The US has the Establishment Clause (https://en.wikipedia.org/wiki/Establishment_Clause) and the Free Exercise Clause, and they don't preclude religious people from using a religious basis to choose between secular policies. Abortion regulation is a secular policy area.
> The extremism involved in total or nonsensical abortion bans by various states, like even in cases of...
IIRC, most of those bans were passed when they had no hope of being enforced because of Roe v. Wade (e.g. they were for show). Now that case has been repealed, as things shake out, I expect many of those laws will be revised.
Religion is a red herring in the abortion debate. Abortion is illegal in Poland (Catholic) and Bangladesh (Muslim), and is technically illegal (though available) in Japan (Shinto and Buddhist). Regulation of abortion is therefore not something specific to a particular religious tradition.
In the U.S. specifically, moreover, abortion is best described as an internecine conflict between different branches of Christianity. The pro-choice movement is an outgrowth of mainline Protestantism, with its focus on individual self determination. The notion that the morality of extinguishing a fetal life "is between a woman and her doctor" and society has no say is uniquely Protestant. It's quite alien even to other societies that permit abortions, which tend to do so on utilitarian grounds like overpopulation.
And all that is fine, because "separation of church and state" does not mean that the government cannot regulate behavior "based on religious beliefs." The U.S. does not have French-style secularism, where there is a separate body of secular philosophy animating government and religious belief is actively excluded. It doesn't matter what people's reasons are for voting a particular way, as long as the end result is otherwise permissible.
> The U.S. has the concept of separating religion from government
Realizing that this is getting more deeply into politics...
GOP Rep. Boebert: ‘I’m tired of this separation of church and state junk’ - https://wapo.st/3u7AkGL
> Rep. Lauren Boebert (R-Colo.), who faces a primary election Tuesday, says she is “tired” of the U.S. separation of church and state, a long-standing concept stemming only from a “stinking letter” penned by one of the Founding Fathers.
> Speaking at a religious service Sunday in Colorado, she told worshipers: “The church is supposed to direct the government. The government is not supposed to direct the church. That is not how our Founding Fathers intended it.”
And then there's Mary Miller (R-Ill) who celebrated the ruling as a victory for white life. She claims it was just a mistake, but she's also the person that used a quote from Hitler in a campaign speech so "who knows." IMO it's an example of what I'm talking about: using the wedge issue of abortion to move folks closer to white nationalism and fascism in general.
You seem to be confused or at least "cloudy" about some things. The U.S. has the concept of separating religion from government (https://en.wikipedia.org/wiki/Separation_of_church_and_state).
Government does and should regulate behavior. But, morality based on religious beliefs becomes a problem, when the beliefs of particular religious groups are imposed on others who don't believe as they do. Effective government would find the correct balance, where the laws reflect what's best for the majority and protects individual rights and freedoms within reason.
> The state has the power to regulate, but simply tolerates abortion under certain conditions.
The issue the U.S. will now be running into, is that various states will have conflicting laws on abortion, adding to chaos and confusion.
The extremism involved in total or nonsensical abortion bans by various states, like even in cases of: rape, statutory rape, teenage/child pregnancy, incest, life of mother in danger, high percentage chance child will have major birth defects, various contraceptive measures (IUDs, abortion pills) etc... Then becomes a matter of showing a callous attitude of destroying and endangering the lives of various women and even the children they might be forced to bear.