S. Religious Freedom & Reproductive Rights

After the Supreme Court’s decision in Dobbs, overruling Roe v. Wade, state restrictions on abortion raise a host of questions involving religious freedom. These include (1) whether abortion restrictions violate the free exercise rights of those who are religiously motivated to seek, provide, or facilitate abortion services, and (2) whether abortion bans can be challenged under the Establishment Clause of the First Amendment (and similar provisions in state constitutions) on the grounds that the government is forbidden from imposing laws based on religious convictions.

This course will survey the Free Exercise and Establishment Clause doctrines necessary to address these questions, briefly explore the history of religious freedom arguments for abortion rights, and examine several pending challenges to state abortion laws.

Course Requirements The requirements for this course include:  Three (3) response papers: during the J-Term, you will be required to submit three short response papers. These papers should no more than 2-pages (or 700 words) long. (Each paper is worth 20% of your grades, for 60% total.)  Class participation (40% of your grade).

This course is taught by: Micah Schwartzman (https://www.law.virginia.edu/faculty/profile/mjs4d/1206652)