S5, Ep. 26: Archaic laws and new theories emerge from state abortion debates

Respecting Religion

The intersection of abortion and religion often grabs headlines, and this episode of Respecting Religion looks at recent developments in two states: Arizona and Indiana. Amanda and Holly discuss an Indiana case that involves free exercise arguments under state law to support abortion, and they examine the impact of Arizona’s 1864 law that criminalizes abortion. Both situations are resulting from the tremendous change in the law after the Dobbs decision in 2022, leading to some unexpected situations.

SHOW NOTES Segment 1 (starting at 00:38): The Arizona situation

Our next episode will be our 100th episode! It’s your chance to ask Amanda and Holly anything – send in your questions by April 29 to [e-mail].

Amanda and Holly previously discussed the aftermath of the Dobbs decision in episode 4 of season 4, released in October 2022. The show was titled “A religious freedom right to an abortion?”

The New York Times has this helpful resource that shows the differences in the laws regarding abortion in states across the country.

Amanda and Holly mentioned this article for Vox written by Nicole Naera: The history of Arizona’s Civil War-era abortion ban

After we recorded this program, the Arizona House voted to repeal the 1864 law, and the Arizona Senate is expected to vote on it next week. Read more in this Washington Post article by Caroline Kitchener and Yvonne Wingett Sanchez.

Segment 2 (starting at 12:12): The Indiana litigation

For a more in-depth discussion of the Religious Freedom Restoration Act (RFRA), check out episode 6 of season 5: RFRA at 30.

Read the opinion from the Indiana Appeals Court and the concurrence at this link.

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