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What You Should Know About the Supreme Court Decision on Abortion

Is your church ready to respond to the end of Roe v. Wade?

A true turning point for the pro-life movement”

The release of the Dobbs decision marks a true turning point in the pro-life movement, a moment that Christians, advocates and many others have worked toward tirelessly for 50 years. Let us rejoice that we live in a nation where past injustices can still be corrected, as we also roll our sleeves up to save preborn lives, serve vulnerable mothers, and support families in our communities.

What happens now that Roe v. Wade has been overturned?

Now that the Supreme Court has overturned Roe v. Wade and Planned Parenthood v. Casey, individual states will be free to make their own decisions on abortion. Many states have laws in place that will now automatically protect or prohibit abortion access. Other states will almost certainly become contested battlegrounds for control of state legislatures and the governorship in order to pass measures in either direction. Below is an interactive map showing abortion laws currently in place at the state level. Click on a state to get more information.

Key Updates on Pro-Life Issues

West Virginia Governor signs abortion ban into law
West Virginia Governor Jim Justice signed into law a sweeping new ban on abortions that bars the procedure at all stages of pregnancy with exceptions for instances when the life of the mother is at risk and in some cases of rape and incest. The bill also requires that all abortions must be performed at a hospital and carries still penalties for abortion providers who operate illegally. The ERLC affirms this significant step towards protecting life in West Virginia.
Judge rules that Michigan’s pre-Roe abortion ban cannot be enforced
A Michigan judge ruled that prosecutors cannot enforce the state’s pre-Roe abortion ban, meaning that abortion will remain legal in Michigan. It is likely that voters will ultimately determine Michigan’s abortion landscape in an upcoming ballot initiative in November. The ERLC supports Michigan’s pro-life law and hopes that Michigan voters will ultimately vote to protect life in the upcoming ballot initiative.
Indiana Governor signs 10 week abortion ban
Indiana Governor Eric Holcomb signed into law a 10 week abortion ban with exceptions for rape, incest, to protect the life or physical health of the mother, and for preborn babies diagnosed with lethal anomalies. The law will replace Indiana’s current 20 week ban when it goes into effect on September 15. The ERLC affirms these pro-life steps in Indiana and will continue advocating for further steps to be taken that save preborn lives.
President Biden signs executive order to help women travel to receive abortions.
President Biden signed an executive order Wednesday directing his health secretary to consider actions that would help women travel out of states to access abortions. The ERLC strongly opposes this executive order which would encourage abortion tourism, and increase access to abortion nationwide.
Kansas voters reject pro-life constitutional amendment
By a wide margin of 59% to 41%, Kansas voters denied a proposed constitutional amendment that would have rejected a codified right to abortion. The ERLC is disappointed that this amendment failed but will continue our efforts to support state abortion restrictions.
Court rules Louisiana abortion ban can be enforced
Since Dobbs, Louisiana’s abortion ban has been challenged in the courts over questions of unconstitutionality. A federal appellate court recently ruled that the abortion ban can be enforced again. This law would subject abortion providers to fines up to $1,000 and up to two years in prison. The ERLC celebrates Louisiana’s reinstatement of its abortion ban that will protect the lives of the preborn in Louisiana.
Abortion bans remain stalled in several states
The court system remains filled with cases surrounding abortion bans. Arizona, Kentucky, North Dakota, Utah, West Virginia, and Wyoming all have bans that are currently blocked by state courts. Each case is unique to the state which makes it unclear on the timeline for resolution. The ERLC continues to urge states to enact pro-life policies and is hopeful that the courts will uphold these bans.
Judges temporarily block abortion bans in several states
A judge in Louisiana granted a temporary injunction that will block the state’s abortion ban from going into effect until at least Monday, 7/18. The ERLC urges the courts to move with haste and to uphold the state’s right to enforce bans on abortion following the overturning of Roe v. Wade.
House passes the Women’s Health Protection Act
House Democrats, minus Rep. Cuellar (TX), voted to advance tThe Women’s Health Protection Act, one of the most pro-abortion bills to have ever passed the House. This bill removes all pro-life protections at the federal and state levels and eliminates a state’s ability to legislate on abortion. The ERLC strongly opposes the Women’s Health Protection Act. We urge the Senate not to pass this harmful bill.
House passes the Ensuring Access to Abortion Act
House Democrats and three Republicans also voted to pass the Ensuring Access to Abortion Act, which requires states to allow the purchase and mailing of abortion pills from across state lines. This bill would enshrine interstate access to the dangerous abortion pill in federal law and would promote abortion tourism nationwide. The ERLC strongly opposes this bill, and we urge the Senate to vote down this destructive piece of legislation.
Executive agencies seek to expand abortion access
In response to President Biden’s recent executive order, the Justice Department created a “Reproductive Rights Task Force” to take “proactive and defensive legal action” to combat state-level pro-life policies. The ERLC strongly opposes these federal efforts to expand and celebrate abortion, and we call upon states to continue to pass pro-life legislation that protect vulnerable children and mothers.
Biden issues executive order to counter pro-life efforts
President Biden issued an executive order directing executive agencies to combat state abortion restrictions. The order seeks to expand access to the dangerous abortion pill by barring states from prohibiting the use of FDA-approved abortifacents. The ERLC opposes all attempts to expand abortion, and we denounce this administration’s strident efforts to undermine the faithful work of pro-life advocates, mothers, and churches.
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What did the Supreme Court decide in the Mississippi abortion case?

In a 5-4 decision on June 24, the U.S. Supreme Court held that “the Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.” This is the most significant moment in the pro-life movement in decades, and we should rightly celebrate this decision that will save thousands of precious preborn lives. The 5-4 decision overturns the horrendous precedent set in both Roe v. Wade and Planned Parenthood v. Casey. Chief Justice John Roberts joined the other justices in a 6-3 ruling upholding the Mississippi abortion law even though he did not join the majority opinion overturning the prior precedent.

Key Questions About the Supreme Court Decision on Abortion

Click on the questions below to read more. 

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court was reviewing a Mississippi law titled the “Gestational Age Act” that prohibits abortions after 15 weeks’ gestation, except in a medical emergency and in cases of severe fetal abnormality. This law replaces the ‘viability standard’ created by Roe. The court examined whether pre-viability restrictions on elective abortions are unconstitutional.

In a 5-4 decision, the Court held that “the Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”

In Roe v. Wade, the Supreme Court admitted that the state has a legitimate interest in protecting unborn human life, but concluded that that interest did not become compelling until viability, because at that point the unborn child “has the capability of meaningful life outside the mother’s womb.” However, the choice of viability as the point before which a state may not forbid abortion is entirely arbitrary. Even the author of Roe and two authors of Casey’s three-justice plurality have admitted this. When the “viability standard” was initially created in 1973, viability was around 28 weeks, but it is now around 21 weeks. The viability line will keep moving as our modern medicine continues to improve. No Supreme Court decision has ever provided a principled justification for the viability standard.

In a 5-4 decision on June 24, the U.S. Supreme Court held that “the Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.” This is the most significant moment in the pro-life movement in decades, and we should rightly celebrate this decision that will save thousands of precious preborn lives. The 5-4 decision overturns the horrendous precedent set in both Roe v. Wade and Planned Parenthood v. Casey. Of note, Chief Justice John Roberts joined the other justices in a 6-3 ruling upholding the Mississippi abortion law even though he did not join the majority opinion overturn the prior precedent.

The Supreme Court heard oral arguments in Dobbs v. Jackson Women’s Health Organization on Dec. 1, 2021 and handed down their ruling on June 24, 2022.

Roe v. Wade” or “Roe”  are terms often heard in the abortion debate. Sometimes this language has been used even as a synonym for abortion itself, but despite its immediate name recognition, many do not actually know what was decided in Roe v. Wade and how that has impacted the right to life in our country. 

Prior to 1973, abortion was illegal in most states with a few restrictively allowing the procedure in certain circumstances. The disastrous Roe v. Wade decision established a national, legal right to abortion, regardless of each state’s laws or desires. This moment marked the birth of the modern pro-life movement that has worked tirelessly for 49 years to protect the lives of the unborn and to educate the public on both the scientific and legal reasons that Roe and the viability standard were wrongly decided.

Click here to read more.

Sometime this summer, the Supreme Court will issue a ruling in Dobbs v. Jackson Women’s Health Organization, one of the most monumental abortion cases of the century. Here are six other Supreme Court cases related to abortion you should know about:

  1. Griswold v. Connecticut (1965)
  2. Roe v. Wade (1971)
  3. Doe v. Bolton (1973)
  4. Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
  5. June Medical Services LLC v. Russo (2020)
  6. Dobbs v. Jackson Women’s Health Organization (pending)

Click here to read more about these cases.

According to the pro-choice Guttmacher Institute, around 119 million unplanned pregnancies occurred each year between 2015 and 2019. Of those pregnancies, around 61%, or 73 million, ended in abortion. These numbers represent 73 million precious lives lovingly created in the image of God. The fight to save preborn lives like these and see an end to the atrocity of abortion continues around the world, even as several countries are moving to legalize abortion for the first time.

Many countries around the world are seeing abortion legalized for the first time, even as efforts to end abortion in the United States are growing.

Click here to read an overview of some of the countries making moves on both sides of the abortion debate.

Christians believe strongly in the sanctity of human life. It’s woven into the Bible’s narrative, from the very beginning, where we see Moses describe the origin of life in the most descriptive of ways. Most of creation is spoken into existence by the word of the Lord, but the text of Genesis then pauses to draw out the way in which God crafted human bodies and souls. We read that the entire Godhead was involved: Let us make man in our image. The Christian tradition is the only religion in the world that gives such a breathtaking view of humanity. Even cultures that are increasingly antagonistic toward Christianity unconsciously borrow their sense of justice and dignity from the Bible’s vision of what it means to be human. 

The rich theology of the imago Dei changes the way Christians see our neighbors. There are no disposable people in God’s economy. Every human being has dignity and worth. This should shape our posture in the world. It means we should think long and hard about difficult ethical issues and, as redeemed image-bearers, actively advocate for policies that respect the dignity of our fellow image-bearers. We will, of course, disagree on the best approaches toward alleviating the suffering of our neighbors and the feasibility and wisdom of policy proposals, but our disposition toward the vulnerable should be one of advocacy, care, and love.

Click here to read more.

Now that the Supreme Court has overturned Roe v. Wade and returned the question of abortion to the states, many people are wondering what they can do to make their states more pro-life.

There are a number of ways you can work to make your state more pro-life. You can begin by researching what your existing state laws are and how they protect life. There’s likely an existing coalition of pro-life leaders and ministries in your state. It would be beneficial to begin developing relationships with them and learn about opportunities to get plugged in and serve your local communities.

Here are a few suggestions for how to make your state more pro-life from a policy perspective.

La Guía de oración contiene una lista de 48 solicitudes de oración específicas para guiarlo a usted, a su familia y a su iglesia en sus oraciones durante las próximas semanas y meses. Descarga aquí.

How can churches serve vulnerable women and children now that the Supreme Court has overturned Roe v. Wade?

Now that the Supreme Court has overturned Roe v. Wade and Planned Parenthood v. Casey, Christians and churches must step forward to serve vulnerable women, care for preborn lives, and support families in crisis. 

Here are several key ways you can stand for life in your community:

Partner: Churches are uniquely capable and equipped to serve families in crisis, and one of the most effective ways to do this is through a strategic partnership with crisis pregnancy centers. This could mean financial support (which is sorely needed), but it could also mean helping connect the passions, interests, and skills of church members.

Serve: The problem is not a lack of resources; it is connecting the right resources with the people who need them. Churches can mobilize their members to meet needs and provide resources where they are needed most. Although resources are not one-size-fits-all, most crisis pregnancy centers share a need for volunteers with skills such as mental health, language and communication (especially bilingual skills), sewing skills (for blankets, socks, etc.), childcare, GED/ESL opportunities, and admin work.

Pray: Oswald Chambers once said, “Prayer does not fit us for the greater works; prayer is the greater work.”  Pray for your local pregnancy centers, and let them know. These ministries have been and will continue to serve, love, and minister to women and children, but they are also on the receiving end of much anger, misinformation, and hostility. The staff and volunteers at pregnancy resource centers are often tired and need our encouragement, prayer, and vocal support.

As we move forward into this new chapter for the pro-life movement, may God help us exemplify the truth and grace of Jesus and uphold the dignity of every life we encounter.

 Video Resources For Your Church

Brent Leatherwood responds to the Dobbs ruling overturning Roe v. Wade

Brent Leatherwood explains what the court decided, what this means for the pro-life movement, and how you and your church should respond to this monumental decision. 

What your church should know about the Mississippi abortion case

Chelsea Sobolik explains why this case is so significant and shares more information to help your church understand and pray for this important case.

An update on oral arguments
from the Supreme Court

Brent Leatherwood and Chelsea Sobolik joined us live at the Supreme Court after oral arguments to explain what the Dobbs case is about and why it could overturn the disastrous Roe v. Wade decision.

As we respond to the ruling in this case, we want to be faithful to pray. This free Dobbs prayer guide contains a list of 48 specific prayer requests to guide you, your family, and your church in your prayers over the coming weeks and months.

When you download the prayer guide, we’ll also send you key resources from this page and future updates on this case directly to your inbox. 

La Guía de oración contiene una lista de 48 solicitudes de oración específicas para guiarlo a usted, a su familia y a su iglesia en sus oraciones durante las próximas semanas y meses. Descarga aquí.