Judge Strikes Down Abortion 'Sanctuary City' Ordinance

St. Louis violated First Amendment in attempt to sanctify abortion

St. Louis violated the First Amendment rights of its residents when it tried to become America's first "sanctuary city" for abortion, according to a federal court.

Judge Audrey Fleissig ruled that the city could not compel religious organizations, pro-life nonprofits, and employers to hire abortion proponents, rent property to abortion clinics, or cover abortions in health plans—a requirement brought about when Democratic mayor Lyda Krewson attempted to add "reproductive health decisions" to the city's nondiscrimination policy in 2017. Fleissig, who was appointed by President Obama at Democratic senator Claire McCaskill's recommendation, said that ordinance violated Missouri's Religious Freedom Restoration Act and federal law. The decision stopped short of calling the rule unconstitutional but renders enforcement nearly impossible.

"The City has failed to meet its burden to prove that the Ordinance is essential to further a compelling governmental interest and is not unduly restrictive," the ruling says.

Our Lady's Inn, a pro-life pregnancy center that supports low-income pregnant women, and the city's Catholic schools filed the suit claiming the city policy would force it to violate its freedom of conscience. A Catholic businessman also joined the suit, arguing that the policy would force him to pay for abortion and contraceptives against his beliefs. Judge Fleissig ruled that the ordinance impeded the freedom of expression and association for the charity and religious schools.

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