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26 J. Gender Race & Just. 271 (2023)
Maybe Today, Satan: A Christian Supreme Court, Unbalanced Religious Clauses, and the Rise of the Satanic Temple

handle is hein.journals/jgrj26 and id is 281 raw text is: Maybe Today, Satan: A Christian Supreme Court, Unbalanced Religious Clauses, and the Rise of The Satanic Temple Angela R. Pruitt* Abstract: The debate surrounding reproductive health rights in the United States reached a fever pitch over the summer of 2022 when the United States Supreme Court overruled Casey and Roe in a devastating, but not unexpected, opinion. Under this new ultra-religious regime, residents in the United States have limited options for pursuing reproductive healthcare, one of which may be attempting to preserve the right to abortion as a religious ritual like The Satanic Temple is arguing. This Note examines the history of Free Exercise Clause and Establishment Clause jurisprudence and demonstrates a now over-powered Free-Exercise Clause with a distinct favor for Christian values. This Note argues that shifting the legal argument surrounding abortion from a substantive due process analysis to an Establishment Clause analysis will help avoid a slippery slope of Christian enmeshment with the United States government and will preserve a more just approach to reproductive healthcare in the country. I. IN T R O D U CT IO N ...........................................................................................2 72 II. B A C K G R O U N D .............................................................................................275 A. Separationism and the Establishment Clause ...............................................276 B. Accommodationism and the Establishment Clause .......................................276 C. Historical Interplay of Separation and Accommodation................................277 1. Founding Fathers' Intentions - An Inconclusive Review...........277 2. Early Separationist Establishment Clause Jurisprudence ............280 3. Shift to Accommodationist Establishment Clause Ju risp ru d en ce ...................................................................................2 82 a. Establishment Clause test development............................................. 283 4. Modern Accommodationist Jurisprudence....................................285 5. Imbalance Between the Religious Clauses .....................................290 * J.D., University of Iowa College of Law, 2023. I would like to thank JGRJ's editors and student writers for their consistent dedication to our mission and my mentor and friend, David Steckler, for his support. Finally, special thanks to my loving partner and to my children, Isabelle, Bianca, and Quinn, who continue to be my source of motivation and inspiration.