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North Texas pastors say new abortion law infringes on their rights

North Texas pastors say new abortion law infringes on their rights
North Texas pastors say new abortion law infringes on their rights 02:34

DALLAS (CBSDFW.COM)  Some North Texas pastors say the state's new abortion laws are infringing upon their rights to exercise religion freely.

Reverend Rachel Baughman, Senior Pastor at Oak Lawn United Methodist Church in Dallas, says state laws won't allow her to counsel women who are seeking guidance on abortion.  "I'm not scared, but I'm fearful that prosecution is possible."

Baughman and three other area pastors within the North Texas Conference of the United Methodist Church, Katie Newsome, Phil Dieke, and Sheron Patterson, sent Texas Attorney General Ken Paxton a warning letter that they may file a lawsuit in 60 days.

The letter read in part, "...The criminalization of abortion medical procedures substantially burdens the free exercise of these religious beliefs by preventing access to such care, in most circumstances..."

Pastor Baughman says their church doesn't condone using abortion as a means of birth control or late-term abortions, except when the mother's life is in danger or cases of severe fetal abnormalities incompatible with life. "This is a matter of considering life vs. life decisions for women."

Under House Bill 1280, which went into effect August 25, most abortions are banned with the only exception to save the mother's life.

Doctors performing them could face felony charges, life in prison, and lose their licenses.

Under Senate Bill 8, which became law last year, people can face civil lawsuits for aiding and abetting a woman for having the procedure.

Baughman says, "Under SB 8, I could be civilly prosecuted for counseling and recommending appropriate actions where it is appropriate for women to pursue an abortion."

Her attorney, Jody Rodenberg says, "Based on the broad wording of the statute and the escalated political climate we live in, there is a risk there that I thin pastors could be criminally prosecuted or could be called into testify as a witness in a criminal proceeding."

The author of House Bill 1280, State Representative Giovanni Capriglione, Republican of Southlake says both laws are focused on abortion providers. "The criminal act is the performing of an abortion that is not medically necessary. And so counseling would be ok under the law. In my opinion, counseling, so long as it's held to their sincerely religious beliefs, it would be a defense."

Pastor Baughman though says too much is at stake not to challenge the law. "It's important for those who can speak up, do, in order to protect the rights of others."

She and the other pastors want the state to exempt them from the laws.

Their attorneys say they haven't heard back from the Attorney General's Office just yet.

We reached out to the Attorney General's Office seeking comment, but we didn't hear back.

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