Missouri faith leaders file notice of appeal with Missouri Supreme Court in challenge to state’s total abortion ban

For Immediate Release
Aug. 23, 2024

Missouri faith leaders file notice of appeal with Missouri Supreme Court in challenge to state’s total abortion ban

ST. LOUIS – Yesterday, Missouri clergy challenging the state’s abortion ban as a violation of church-state separation filed a notice of appeal with the Missouri Supreme Court in Rev. Traci Blackmon v. State of Missouri. The clergy plaintiffs are appealing several decisions by St. Louis Circuit Court Judge Jason Sengheiser, who ruled that Missouri’s abortion ban does not violate the church-state provisions of the Missouri Constitution. As a result, the clergy plaintiffs’ case cannot proceed in the circuit court.

The clergy plaintiffs are represented by a legal team that includes Americans United for Separation of Church and State, the National Women's Law Center (NWLC), and Missouri civil rights lawyer Denise Lieberman. The team issued the following statement:

“We’re ready to fight all the way to the Missouri Supreme Court to defend reproductive and religious freedom for all Missourians. The state’s abortion ban is a direct attack on the separation of church and state, religious freedom and reproductive rights. When lawmakers enacted these laws, they made it clear that they were imposing their personal religious beliefs on the entire state. We remain committed to restoring abortion access in Missouri.”

Case Background

The lawsuit, Rev. Traci Blackmon v. State of Missouri, was filed in January 2023 on behalf of 13 clergy members whose various faiths call them to support abortion access because of the critical importance it holds for the health, autonomy, economic security, and equality of women and all who can become pregnant. Religious traditions represented by the plaintiffs include Baptist, Episcopalian, United Church of Christ, Judaism, Unitarian Universalism and United Methodist. One plaintiff is also a state legislator.

The faith leader plaintiffs are Rev. Traci Blackmon, Rabbi Doug Alpert, Rev. Jan Barnes, Rabbi Jim Bennett, Rev. Cindy Bumb, Rabbi Andrea Goldstein, Rev. Molly Housh Gordon, Rev. Darryl Gray, Rt. Rev. Deon K. Johnson, Rev. Holly McKissick, Rev. Barbara Phifer, Rabbi Susan Talve, and Rev. Krista Taves. Additional information about the plaintiffs, including photos and remarks, is available here.

The lawsuit alleges that Missouri’s abortion ban and other restrictions violate the state constitution by enshrining lawmakers’ personal religious beliefs about abortion in House Bill No. 126 and Senate Bill 5. One of the provisions of H.B. 126 was a “trigger ban” that prohibited all abortions following the U.S. Supreme Court decision overturning Roe v. Wade on June 24, 2022.

Lawmakers openly and repeatedly emphasized they were writing their religious beliefs into the abortion bans, even declaring in one statute that “Almighty God is the author of life” – a phrase that an opposing lawmaker noted was “in violation of the separation of church and state.” Transcripts and video of several of the legislators’ remarks are available here.

In addition to the State of Missouri, the defendants named in the lawsuit include state and local officials responsible for enforcing or ensuring compliance with the abortion ban, including Missouri Gov. Mike Parson; Missouri Attorney General Andrew Bailey; Missouri Department of Health & Senior Services Director Paula F. Nickelson; multiple county prosecutors; and officials at the Missouri State Board of Registration for the Healing Arts. 

Resources: 

The most recent order from Judge Sengheiser dismissing the clergy plaintiffs’ claims.

The lawsuit complaint.

A media kit including information and photos of the plaintiffs and transcripts of Missouri legislators’ remarks.

Contacts: Requests for information or media interviews should be directed to:

Americans United: Moisés Serrano or Liz Hayes, media@au.org, 724.493.2834

National Women’s Law Center: Crystal Mojica, cmojica@nwlc.org, 646.530.1581

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Americans United is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of church-state separation in safeguarding religious freedom. Learn more at www.au.org.

The National Women’s Law Center fights for gender justice — in the courts, in public policy, and in our society — working across the issues that are central to the lives of women and girls. We use the law in all its forms to change culture and drive solutions to the gender inequity that shapes our society and to break down the barriers that harm all of us — especially those who face multiple forms of discrimination, including women of color, LGBTQIA+ people, and low-income women and families. For more than 45 years, we have been on the leading edge of every major legal and policy victory for women. Find out more at NWLC.org.