567 S.W.3d 625
Mo.2019Background
- Mary Doe sought an abortion in Missouri in May 2015 and was presented with Missouri's informed-consent materials and options under § 188.027, including an offered booklet that repeats two statements from § 1.205 ("life begins at conception"; "abortion will terminate the life of a separate, unique, living human being"), an opportunity to view an ultrasound and hear a fetal heartbeat, and a 72-hour waiting period.
- Doe identified as a member of the Satanic Temple and alleged her religious beliefs treat fetal tissue as part of her body and forbid accepting the booklet’s statements.
- Planned Parenthood offered Doe the booklet and ultrasound opportunity; Doe re-read the booklet, chose to have and pay for an ultrasound, declined to hear the heartbeat, waited 72 hours, and then obtained the abortion.
- Doe filed suit seeking to enjoin enforcement of the challenged portions of the informed-consent law on Establishment Clause and Missouri RFRA grounds; she did not allege an undue-burden claim or seek emergency relief prior to waiting-period expiration.
- The circuit court dismissed her amended petition with prejudice for failure to state a claim; the Missouri Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether offering a booklet that repeats § 1.205 findings violates the Establishment Clause | Doe: Repetition of the § 1.205 "Missouri tenet" in the booklet forces religiously contrary beliefs and constitutes an establishment of religion | State: The statute merely requires offering information; the statute with the preamble findings was not challenged and repetition is not a religious establishment | Court: No Establishment Clause violation; booklet offer does not adopt a religious tenet and plaintiff failed to allege how § 1.205 (not challenged) is religious in purpose |
| Whether the statute violates Missouri RFRA by requiring reading the booklet | Doe: Being required to read or be presented the booklet burdens her religious exercise | State: The law only offers the opportunity to read; it does not require reading or assent | Court: No RFRA violation; statute imposes no requirement to read or agree with the booklet |
| Whether the statute violates RFRA by requiring or forcing an ultrasound or payment for ultrasound | Doe: Being required to have/pay for ultrasound burdens her religion | State: Statute only requires offering the opportunity and a listing of free providers; it does not require payment or that she view the ultrasound or hear the heartbeat | Court: No RFRA violation; statute does not require ultrasound or payment; Doe remained free to decline |
| Whether the 72‑hour waiting period violated RFRA or the First Amendment | Doe: Waiting period forced consideration of the tenet and burdened religious exercise | State: Waiting period is statutory and plaintiff did not allege how it burdens religion or seek relief before it expired | Court: No claim pleaded; Doe did not allege religious conflict nor seek injunctive relief before waiting period elapsed, so no restriction shown |
Key Cases Cited
- Webster v. Reprod. Health Servs., 492 U.S. 490 (1989) (state legislative findings about fetal life can be a value judgment and challenge may be premature absent concrete application)
- McGowan v. Maryland, 366 U.S. 420 (1961) (coincidence of law with religious tenets does not make the law religious)
- Maher v. Roe, 432 U.S. 464 (1977) (States may express value judgments favoring childbirth without violating the Establishment Clause)
- Harris v. McRae, 448 U.S. 297 (1980) (coincidence of a statute’s effect with religious views does not, without more, violate the Establishment Clause)
- Van Orden v. Perry, 545 U.S. 677 (2005) (governmental expression that coincides with religious doctrine does not necessarily run afoul of the Establishment Clause)
- Roe v. Wade, 410 U.S. 113 (1973) (framework for abortion rights balancing woman's liberty interest and state interests)
- Lemon v. Kurtzman, 403 U.S. 602 (1971) (Establishment Clause test commonly referenced, though not exclusive)