Does the Hyde Amendment violate religious freedom? Harris v. McRae and the First Amendment.
In Harris v. McRae, the recent case in which the U.S. Supreme Court upheld the constitutionality of the Hyde Amendment, the Court for the first time was asked to consider whether antiabortion legislation respects the establishment of religion or violates the free exercise thereof. The Court held that the Amendment did not effect an establishment of religion, and found that the plaintiffs lacked standing to raise the free exercise argument. The writer explores the questions raised, agreeing with the Court's disposal of the establishment argument. He does find considerable validity in the free exercise challenge, but concludes that the Court as presently constituted is unlikely to accept it. In addition, he believes that the Court, in its treatment of both arguments, either ignored or improperly distinguished earlier cases that supported the plaintiffs.