IDAHO – A federal judge on Monday permanently ended the Satanic Temple’s challenge to Idaho’s abortion laws.
Chief U.S. District of Idaho Judge David Nye dismissed the lawsuit with prejudice, meaning it cannot be brought back or amended, agreeing with earlier rulings that the Satanic Temple lacked standing to challenge the law and that the arguments “lack merit and could not be saved by any amendment.”
“Idaho’s pro-life laws protect both mothers and unborn children, and this decision confirms those protections are constitutionally sound,” Attorney General Raúl Labrador said in a press release. “The Satanic Temple’s attempt to manufacture constitutional violations out of disagreement with Idaho’s values has been rejected at every level. We’ve defended Idaho’s laws through every stage of this litigation, and we will continue protecting the right of Idaho’s elected representatives to defend life.”
The Satanic Temple is an association that says it “venerates, but does not worship, the allegorical Satan described in the epic poem ‘Paradise Lost’ — the defender of personal sovereignty against the dictates of religious authority.” The group first challenged Idaho’s abortion bans in 2022.
The Idaho Legislature had approved a “trigger law,” that went into effect upon the U.S. Supreme Court’s decision to overturn Roe v. Wade, and another law that allowed civil lawsuits to be brought against abortion providers by family members of the fetus.
The organization argued the laws, which provide narrow exemptions for rape and incest, were unconstitutional violations of property rights, the equal protection clause, religious freedom and involuntary servitude.
The federal district court already dismissed the case for lack of standing, as the Temple could not show its members were harmed by the laws. The Temple appealed to the Ninth Circuit Court of Appeals, which agreed with the lower court dismissal. However, the Ninth Circuit panel of judges wrote that in order to dismiss the case with prejudice, the court must evaluate if the Temple’s claims could be saved by amendment.
The panel sent the case back to the district court judge, and Nye again held that the Satanic Temple lacked legal standing and “no amendment could save” the Temple’s claims.
The Satanic Temple argued that the court never really gave its legal claims proper consideration. To continue to challenge the law, the organization would need to file a new complaint with the court, starting over with a new case.
“The judge is overselling the dismissal in an attempt to sound as if the court taking a bold position,” said Lucien Greaves, cofounder and spokesperson for The Satanic Temple, in an email, “perhaps in an attempt to cover for the fact that their dismissal was a cowardly punt that refused to examine the legal merits of our claim, in favor of denying us standing.”
“Or perhaps they are trying to convince us that we truly can not contest their abortion restrictions again for fear that the law is on our side. The fact is, when we have a pregnant plaintiff, we will refile a claim, and this time the courts should have no excuse but to do their job, which they so desperately avoid.”
This story was originally produced by Idaho Capital Sun, which is part of States Newsroom, a nonprofit news network which includes Washington State Standard, and is supported by grants and a coalition of donors as a 501c(3) public charity.
Washington State Standard is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Washington State Standard maintains editorial independence. Contact Editor Bill Lucia for questions: info@washingtonstatestandard.com.
