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Asked and Answered: A Listener Mailbag Episode!

Strict Scrutiny

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Prioritizing Maternal Well-being in Religious Contexts

The tenets of Judaism prioritize maternal well-being over the well-being of the fetus, leading to potential objections to fetal personhood on religious grounds. The reception of such claims at the court and the broader question of the court's receptiveness to religious liberty, especially from certain faith groups like Christian evangelicals, are crucial factors. There is speculation that framing cases involving abortion laws as speech rather than religious cases might be a strategy to navigate the religious liberty issue. Some conservative scholars have questioned the sincerity of beliefs that prioritize maternal well-being, implying selectivity or insincerity among believers.

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