SCOTUS Decisions: Reflections, Part 1

By Rev. Mindi 

 Due to the SCOTUS decisions of Tuesday and pending Wednesday’s decisions, I thought I would forgo my usual Wednesday article and reflect on some of the court decisions made on Tuesday, with the idea that others may contribute reflections following the decisions announced on Wednesday morning. For a comprehensive list of the decisions made, go to http://www.supremecourt.gov/  These decisions impact us as Americans, but are often not mentioned on Sunday morning. As clergy and church leaders, I feel that it is imperative that we reflect within our faith communities on these issues and offer some way of responding, through word, action, and prayer.

Tuesday’s decision on the Voting Rights Act http://www.supremecourt.gov/opinions/12pdf/12-96_6k47.pdf was a split decision, with the court upholding the 1965 act in that voting procedures must be approved by the federal government (preclearance) in areas where racial discrimination in voting practices has taken place. However, the court struck down the part of the law that dictated which states and jurisdictions were affected by this, stating that the coverage formula needed to be readdressed to be up with the times.  The Supreme Court is sending this part of the act to Congress to decide.  Seeing how it’s been difficult to get Congress to act on anything, this is frustrating to those of us who know how prejudice is still used in discriminating at the voting booth.

As people of faith, what can we do? How can we respond? I think of the number of churches that have partnered together with other organizations for voter registration drives and work to make sure those in our communities are registered to vote. Secondly, we also need to listen to those who have experienced prejudice at the polls, for those whose registrations were considered to be illegitimate, for practices that deterred others from voting. We need to make sure that we speak out for fair voting procedures in our own communities and be involved in voting rights for all citizens. And we need to speak up and take action against unfair voting practices.

Another decision on Tuesday was about adoption http://www.supremecourt.gov/opinions/12pdf/12-399_8mj8.pdf This was a hard case. This story gained nationwide attention in the news, and so it’s easy to take sides and feel sympathetic with all parties involved. But what we need to keep in mind is the history of white governing officials making decisions for American Indian children, and the continued intervening and taking children away from their family and culture of origin. It’s important for us as people of faith to be mindful of our history, to be aware of how Euro-American culture is still perpetuated as American culture and that Euro-Americans still push values associated with that culture on to others.

Finally, I want to end with some reflections on a situation not in the Supreme Court but in Texas. Senator Wendy Davis, as I write this, is standing for thirteen hours without a chair or ability to lean on anything to filibuster a law that would basically prevent abortion clinics from operating in Texas http://news.yahoo.com/texas-senator-filibusters-against-abortion-bill-164526586.html  (side note: my husband pointed out that these rules by the Texas Senate make it so that anyone who has a disability in which they cannot stand is inherently discriminated against from being able to do their job, but I digress… somewhat).

This ban on abortion clinics and restrictions on clinics and doctors ignores Roe V. Wade, ignores the laws that protect a woman’s right to choose and places women’s health and responsibility to make choices about her health.  I have written in the past about the need for both sides on the issue of abortion to come together and find some common ground in reducing abortions, but laws like these will not reduce abortions. Many women will be forced to go out of state, possibly into Mexico where the health regulations for such clinics are not at the same standards in the United States, and many more will probably receive unsafe, illegal abortions. Besides abortion, many of these clinics provide health screenings, birth control, counseling and other vital services to low-income women, and they will be shut down because of one procedure they perform that is controversial. Also, all abortions would be banned after 20 weeks. Seeing how the 20 week mark is the screening ultrasound date that is covered under most insurance policies and not before that, many women and doctors do not know that there is any health risk to fetus or mother until that point, and under Texas law if it passes, it would be too late.

As people of faith, we may differ on the issue of abortion, but we need to stand up for women’s health in the case of extreme measures. The Texas law will go too far, will ignore the Constitution and will trample on women’s health.  I’ve shared in previous articles about the need for conversations on health, birth control, and sex in general in the church to reduce abortions and raise the level of women and men’s health.  As leaders, we cannot be afraid of speaking out on these issues, when people's very lives and health are at risk.

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As people of faith, we watch and wait in earnest for Wednesday’s decisions on DOMA and Prop 8. We pray for justice to be done, for freedom to be upheld, and most of all, for love to prevail. Check back for reflections here after the decisions are released.