The Satanic Temple (TST) has filed federal lawsuits against Indiana and Idaho over their abortion bans on the grounds that these bans prevent an “involuntarily pregnant woman” from engaging in the “Satanic Abortion Ritual” and breaches their constitutional rights and religious freedom.
The Satanic Temple filed its lawsuit against Idaho on Friday, a week after filing a similar one in Indiana. The lawsuit in Indiana was filed on behalf of several anonymous women who say they became pregnant by accident despite using contraceptives. Indiana bans abortions except in cases of rape or incest up to 10 weeks post-fertilization, when pregnancy poses a risk to the life or long-term health of the mother, or in the case of fatal fetal anomalies.
The Satanic Temple claims it has more than 1.5 million members worldwide, including at least 11,300 in Indiana. The group adheres to tenets commonly associated with secular humanism, including empathy, respect for personal freedoms and the struggle for justice.
The “Satanic Abortion Ritual” is considered to be a “protective rite” for women “who are involuntarily pregnant.” This includes women who got pregnant after a contraceptive method failed. TST believes that non-viable fetal tissue is part of the pregnant person and is free to be voluntarily removed. TST has accused the states of unconstitutionally taking the property of these “involuntarily pregnant women” (i.e. their bodies) without just compensation, noting that people get paid thousands of dollars to be surrogates.
The Satanic Temple is headquartered in Salem, Massachusetts. The Temple alleges Idaho’s law violates its members’ Fifth, 13th and 14th Amendment rights, and violates Idaho state laws protecting the free exercise of religion. The group has an established ritual for members receiving an abortion and it claims these practices are prevented because of Idaho’s law banning abortions.
In August, Indiana became the first state to pass an abortion ban following the Dobbs Decision, which effectively struck down Roe v. Wade. The Satanic Temple has brought lawsuits against abortion restrictions in other states, including in Texas last year.
The Satanic Temple has launched various political actions and lawsuits over the separation of church and state. Most recently, the group unsuccessfully sued Boston for the right to give an invocation before city council meetings, a practice other religious groups have performed. TST insisted the council’s policy for its opening prayer is discriminatory and unconstitutional because it does not permit prayer from every religious organization that wishes to deliver one.
