Anti-abortion Christians’ Supreme Court case may backfire

“Crisis pregnancy centers” (CPCs) are a Christian anti-abortion scam: set up a fake clinic, dress it up to look like a genuine medical facility, and pay a staff of charlatans to fill the heads of any pregnant women who show up with enough lies about the supposed dangers of abortion to scare them away from a medical procedure they may actually need. It’s bad enough that some places, such as Washington State’s King County, have imposed rules forcing these fake clinics to put up signs indicating their lack of medical credentials.

Another place that’s tried something similar is California, and the Supreme Court is now set to assess whether that state’s regulation on CPCs is a violation of free speech. There’s a twist, though: even if the religious-Right wins, it’s a victory they may come to regret in the long run.

The Supreme Court will soon decide whether the California law is constitutionally permissible. If the justices vote to strike down the statute, abortion foes will celebrate the decision as a resounding victory for their cause. An eventual ruling against California, though, could also lead to the invalidation of anti-abortion counseling laws across the country on similar First Amendment grounds.

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Eighteen states have passed laws compelling abortion providers to “counsel” their patients with false anti-abortion propaganda. Five states require doctors to tell patients that there is a link between abortion and breast cancer. (There isn’t.) Thirteen force doctors to inform patients that pre-viable fetuses can feel pain. (They can’t.) Eight order doctors to warn patients that women who terminate their pregnancies often have serious long-term negative mental health consequences. (They don’t.) South Dakota directs doctors to tell patients that abortion increases their risk of suicide. (It doesn’t.)

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That’s the double-edged sword here: If California cannot legally compel CPCs to provide basic information about actual family planning services and disclose their lack of a medical license, it is difficult to see how other states can continue to force abortion providers to express discredited anti-abortion misinformation. […] Thus, if the Supreme Court rules against California in this case, it seems likely to espouse a constitutional principle that would ultimately—if applied consistently—invalidate dozens of anti-abortion regulations for infringing upon doctors’ freedom of speech.

It turns out it’s not a good idea for people whose m.o. is to force actual doctors to lie to their patients to then argue in court that being forced to tell the truth is an imposition. And as Friendly Atheist points out, this wouldn’t be the first time a religious-Right victory ends up benefiting their opponents even more; their court win allowing religious invocations at city council meetings also allowed more atheists (and even Satanists) to speak, and their push to allow Bible clubs in public high schools paved the way for LGBT and secular student groups. In trying to cram their narrow sectarian views everywhere, they’re ironically opening the door to ideas and lifestyles that contradict their message.

If they lose, we win. If they win, we may still win anyway.