Jewish women sue over Kentucky abortion laws, citing religious freedom

Do women have a right to privacy when deciding whether to have an abortion? In 1969, a woman under the alias “Jane Roe” challenged a Texas law that outlawed abortions. The case eventually reached the Supreme Court, where Roe argued that the Constitution protects a woman’s right to privacy in having an abortion. In a 7-2 decision, the Court ruled the right to an abortion fell within the right to privacy protected by the 14th Amendment’s Due Process Clause. Like other Supreme Court cases related to the Due Process Clause, incorporation played a part in the Roe v. Wade ruling. Incorporation suggests that states must adhere to the protections granted in the Bill of Rights. To this day, the ruling in Roe v. Wade remains one of the most controversial Supreme Court decisions.

Does the Constitution confer a right to have an abortion?

In this lesson, students will learn how leading Founders and religious dissenters contributed to religious liberty in America. Students will analyze primary source documents concerning the relationship between church and state, assess arguments for and against an established religion and a public role for religion in civic life and gain an appreciation for the philosophical and political process of the American experiment in religious liberty.

In this lesson, students will gain an understanding of how the doctrine of incorporation broadened the application of the First Amendment. They will also gain an understanding of the facts of landmark Establishment Clause Supreme Court cases, evaluate arguments about the scope of the Establishment Clause, and assess the Supreme Court's interpretations of the First Amendment with respect to religion in public schools.