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Abortion

In EMTALA decision, Supreme Court fails to decisively protect pregnant patients who need emergency abortion care

June 27, 2024

MORE ABOUT THIS ISSUE

  • Abortion Access
  • Abortion
  • Denial of Healthcare
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Americans United for Separation of Church and State President and CEO Rachel Laser issued the following statement in response to the U.S. Supreme Court’s decision today in Moyle v. U.S. and Idaho v. U.S., which involves whether the federal law EMTALA (the Emergency Medical Treatment and Labor Act) protects pregnant patients seeking treatment during medical emergencies:

‘The court has left pregnant patients’ rights in limbo while litigation toils on’

“Today the U.S. Supreme Court refused to rule definitively that EMTALA requires hospitals to provide emergency abortion care to pregnant patients in Idaho and other states with abortion bans. The court has left these patients’ rights in limbo while litigation toils on in the lower courts. If America is to make good on its promise of religious freedom, no one should be denied urgent care because of someone else’s religious views. Every single one of us must be free to make our own decisions about our own bodies based on our own beliefs.

“The ultra-conservative bloc of the Supreme Court has been advancing the dangerous agenda of Christian Nationalists who want to force us all to live by their narrow beliefs. Overturning Roe v. Wade was just the start. Today’s decision does not halt the emboldened religious extremists who are endangering people’s lives by banning abortion and enshrining one narrow religious viewpoint into law.

“The Christian Nationalist Project 2025 agenda, which attacks the right to abortion and contraceptives, LGBTQ+ equality and democracy, not surprisingly includes the goal of taking away EMTALA protections for pregnant patients. We must not let Christian Nationalists win. Our basic freedoms, our lives and the future of our democracy are all at stake. Church-state separation is the antidote to Christian Nationalism. Americans United is calling for a national recommitment to separate church and state.”

AU joined Supreme Court amicus brief

Americans United had joined more than 100 reproductive rights, civil rights, religious and other social justice organizations in an amicus brief that urged the Supreme Court to affirm that EMTALA guarantees everyone the right to emergency medical treatment nationwide, including pregnant people who may require abortion care to stabilize emergency medical conditions. Idaho’s abortion ban directly conflicts with this nearly 40-year-old federal law, endangering the health and lives of pregnant people, especially Black, Indigenous and other people of color, LGBTQ+ people, people working to make ends meet and others who already face excessive barriers to health care.

More information about the case is available here.

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.

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Liz Hayes
Associate Vice President of Communications
[email protected]

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Americans United for Separation of Church and State is a nonpartisan, not-for-profit educational and advocacy organization that brings together people of all religions and none to protect the right of everyone to believe as they want — and stop anyone from using their beliefs to harm others. We fight in the courts, legislatures, and the public square for freedom without favor and equality without exception.

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