A lawsuit opposing the state’s abortion ban, filed by 14 clergy from seven faith traditions, is being allowed to proceed.
Judge Jason Sengheiser denied the state’s motion to dismiss the claims after he heard arguments June 13.
Counsel representing various religious leaders argued that the ban infringes upon the separation of church and state while supporters of the prohibition argued the clergy did not have standing to sue.
But Sengheiser ruled the plaintiffs have sufficiently alleged taxpayer standing.
“They should be granted the ability to do discovery on the issue of the expenditure of public funds before their case is dismissed on this ground,” Sengheiser wrote in his June 30 decision. “Accordingly, the court will deny state respondent's motion to dismiss on the issue of taxpayer standing without prejudice to renew their motion following some limited discovery.”
The court also dismissed several local prosecutors who had been named in the complaint and rejected the state of Missouri’s arguments based on the U.S. and state constitutions.
“State respondents contend that petitioners seek an order from this court that would impose petitioner's religious belief on all other Missourians,” Sengheiser also wrote in his opinion. “Petitioners counter that they merely seek an order that would allow people to act on their own beliefs. It does not appear from the pleadings that petitioners seek an order that would violate the establishment clause of the Missouri Constitution.”
As previously reported in the St. Louis Record, violating House Bill (HB)126 can lead to felony charges that are punishable by up to 15 years in prison. Providers of abortion are also subject to losing their medical licenses.
“We need a national recommitment to the separation of church and state – that will protect both religious freedom and reproductive freedom,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “This ruling is a great first step.”
Counsel for the state also argued that the lawsuit should be dismissed because it would require discovery from elected officials but the judge rejected that theory as well.
"Petitioners, in this case, have not sued any senators or representatives and claim they do not need any discovery from senators or representatives to proceed with their case," Sengheiser added. "The court will not assume that petitioners must engage in specific discovery in order to proceed with their case. State respondents do not cite any case in which a lawsuit was dismissed because a party might seek discovery from state legislators. The court finds at this time that it must deny the state respondent's motion on this issue."
Plaintiffs in Rev. Traci Blackmon v. State of Missouri include United Church of Christ Rev. Traci Blackmon, Eliot Unitarian Chapel and First Unitarian Church minister Krista Taves, Shaare Emeth Rabbi Andrea Goldstein, Central Reform Congregation Rabbi Susan Talve, and Congregation Kol Ami Rabbi Doug Alpert.
Religious traditions represented by the plaintiffs include Baptist, Episcopalian, Orthodox Judaism, United Church of Christ, Reform Judaism, Unitarian Universalism, and United Methodist