God and the state are watching: how renewed entanglement of church and state degrades women's reproductive rights (again)

Abstract

Since the overturn of Roe v. Wade, the criminalization of pregnant women is on the rise, affecting not only those seeking abortion but all women navigating their reproductive rights. The decision in Dobbs v. Jackson Women's Health Organization, while framed in secular terms through originalism, has enabled a surge of religiously influenced legislation at the state level. This thesis examines the relationship between government and religion by revealing patterns between 17th-century colonial religious government and contemporary legislation following Dobbs. Through rhetorical analysis of foundational 17th-century texts and a historical examination of the colonial culture of the Massachusetts Bay Colony, this project identifies parallels between the religious governing that predated the Establishment Clause and modern legislative moves to regulate reproductive rights. To understand these patterns, this study uses a theoretical framework referred to as the pastoral panopticon, combining the concepts of Michel Foucault's theories of the panopticon and pastorate to create an overarching tool for dissecting the mechanisms of religious surveillance in government and its effects. The analysis identifies that religiously motivated legislation persists regardless of the constitutional protection of the separation of church and state. By dissecting the motivation surrounding Dobbs and the resulting surge in state-level legislative developments, this thesis argues that Roe v. Wade functioned as an extension of the Establishment Clause, and its removal created space for renewed efforts of religious influence in government. In increasing religious influence, a recreation of the social control of the 1630's makes it possible for contemporary women to face the same religious scrutiny as their 17th-century counterparts, regardless of the centuries passed.