# Abortion should be decided state-by-state because democracy is more important **URL:** \ **Category:** Great Debates\ **Created:** [February 17, 2026, 7:00am UTC](https://boards.straightdope.com/t/abortion-should-be-decided-state-by-state-because-democracy-is-more-important/1027738 "2026-02-17T07:00:12Z")\ **Posts on this page:** 1\ **Showing post:** 117
**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\ **Post date:** [March 2, 2026, 12:15am UTC](https://boards.straightdope.com/t/abortion-should-be-decided-state-by-state-because-democracy-is-more-important/1027738/117 "2026-03-02T00:15:24Z")
You are free to disagree with me, but the law of Alabama claims an interest in the “unborn child”, [Ala. Const. art. I§ 36.06](https://alison.legislature.state.al.us/constitution?section=36.06) (2022), and the Supreme Court has repeatedly recognized such interests. There are tests to determine whether First Amendment considerations (actually Fourteenth Amendment considerations–a history and traditions test) outweigh the State’s interest, but courts do recognize the interest in the first instance. ETA: On the related topic of how I think the _establishment clause_ bears on the intersection of religion and public policy, see this thread from 2019: > [@Does religion have a place in public debate?](https://boards.straightdope.com/t/does-religion-have-a-place-in-public-debate/834709/131): > > A law based on religious belief does not necessarily violate the establishment clause, so long as it was passed democratically. It is still the people passing the law, not a church or state or even God. The government remains a “secular” government despite the motivation behind the law being religious in nature. ~Max --- _[View the full topic](https://boards.straightdope.com/t/abortion-should-be-decided-state-by-state-because-democracy-is-more-important/1027738)._