Some North Texas ministers tell Paxton abortion ban violates their religious freedom

A group of North Texas Methodist Ministers contend Texas abortion laws violate their religious freedom because provisions penalizing those who aid some seeking an abortion could infringe on their ability to counsel their congregations.

United Methodist Church ministers Katie Newsome, Phil Dieke, Rachel Baughman and Sheron Patterson sent a letter to Texas Attorney General Ken Paxton, explaining that the state law prevents them from providing proper guidance to members of their congregations on decisions about abortions.

All four ministers preach at United Methodist churches in Dallas, and their letter explains that the Church opposes abortion as a form of birth control, as a form of gender selection or eugenics, and late-term abortion, except when the mother’s life is at risk.

Dieke, an associate pastor at White Rock United Methodist Church, said not everyone in the Church has the same outlook on abortion.

“Even within my own congregation that has a lot of differing opinions, there was recognition that there should be exceptions for things such as rape and incest and the health of the mother,” he said. “It’s never just a black and white scenario, but often its more gray.”

The ministers wrote that they are unable to counsel their congregants about abortion because this could be considered aiding an abortion under Texas law.

“As pastors, we can be targeted with these new trigger laws if we help in aiding and abetting someone obtaining an abortion. We feel like that limits our ability to offer spiritual counseling and direction to women seeking all options,” Dieke said.

Sean McCaffity, one of the attorneys representing the ministers, said that current abortion law — House Bill 1280 — essentially criminalizes abortion.

“That really causes a lot of confusion and concern for pastors in the Methodist Church, given their view of the social principles of the Methodist Church,” McCaffity said. “Which recognizes the sacredness of the life of a woman, as well as the unborn, and how important it is for the life versus a life decision to ultimately be made at the individual level.”

Several clergy members in Florida filed a lawsuit focused on similar concerns earlier this month, saying the state’s abortion restrictions prevented them from advising their congregation. The filing of religious liberty lawsuits in Texas and other states with similar abortion restrictions is possible.

Representatives for Paxton did not respond to requests for comment.

House Bill 1280 was signed by Gov. Greg Abbott in June 2021. The law took effect Aug. 25, 30 days after the Supreme Court issued a judgment overturning Roe vs. Wade, the case that established the constitutional right to an abortion.

The law only allows for abortion in cases where a woman’s life is at risk. Some women have reported long delays in receiving treatment for miscarriages or other pregnancy complications because of the state’s abortion law.

McCaffity said there are still legal questions as to what counts as providing a procedure. Senate Bill 8, the Texas law that banned abortion after six weeks of pregnancy, allows private citizens to sue anyone who aids an abortion.

“That gives the pastors some concern as well, because there are people out there that would be willing to sue to prevent that kind of stuff, and they shouldn’t have to deal with that in their religious considerations,” McCaffity said.

In July, Members of the Texas House Freedom Caucus, some of the most conservative members of the Legislature, sent a letter to Dallas law firm Sidley Austin, alleging the company had paid for employees to travel to other states to receive abortions. The Freedom Caucus members said they intend to introduce legislation that would make it illegal to help a Texas resident travel to another state for an abortion.

Jessica Vittorio, also an attorney representing the pastors, said one of the goals of contesting the law is to provide clarity about what is and is not considered aiding an abortion under the law.

“Once that’s been clarified, I think allowing space and exemptions be able to accommodate individuals who have engaged in the process of discernment as allowed by the tenets of their faith to go forward with these things — I think that that’s inherent to being able to protect and provide for the religious freedoms of the pastors themselves and their congregants,” she said.