South Africans are fed up with their prospects, and their democracy, according to latest social attitudes survey

 

29 years of democracy has left its mark. Rather battered and frayed South African flag billowing in the wind against a cloud-strewn sky.

The mood among South Africans has soured. The latest findings from the representative survey that’s done every year by the country’s Human Sciences Research Council (HSRC) shows some disturbing new trends.

The most marked are:

• a decline in levels of life satisfaction as a whole

• a downturn in people’s views about what lies ahead in their lives

• a growing sense of despondency, and

• a declining satisfaction with democracy.

The sense of hopelessness and despondency with democracy that emerges from the survey does not bode well for the future of the country’s democracy. As the survey shows, as despondency increases, so too does a sense of hopelessness.

The 2021 survey – with the most recent available results – consisted of 2,996 South Africans aged 16 years and older living in private residences. The data were benchmarked and weighted to be representative of the adult population.

The survey echoes key points in our forthcoming work on life satisfaction and democracy in the Human Science Research Council’s flagship publication, State of the Nation. This details increasing life dissatisfaction amid growing unhappiness with democracy and despondency.

Based on our two decade involvement in social attitudes research in South Africa, we argued that while South Africans were increasingly unhappy with democracy, their levels of life satisfaction remained stable. But we are now noting a significant decline in life satisfaction in the context of increased democratic despondency, weak political efficacy and mediocre service delivery.

It is this sense of hopelessness that could potentially signal political instability in the future.

What are people are saying

The Social Attitudes Survey is a nationally representative, cross-sectional survey. Conducted annually since 2003, it measures underlying public perceptions, values and social fabric in South African society.

The survey represents a notable tool for monitoring evolving social, economic and political values among South Africans. We also believe it shows promising use as a predictive mechanism that could inform decision makers and policy-making processes.

The most recent survey results show a marked downturn in the mood in the country since 2021, most notably around life satisfaction and future life improvement or optimism.

A downturn in life satisfaction: South Africans show a recent downturn in their general life satisfaction, a measure that has remained relatively stable over the last 18 or so years (Figure 1). When asked to reflect on their current personal life circumstances, only 41% were satisfied with their lives in late 2021 compared to 52% in 2014. This is a significant decline for a measure that is usually quite stable.

This points to appreciable strain on life satisfaction, something that is likely to be more acutely felt among poor and vulnerable citizens.

Outlook on future life: Trends in the outlook South Africans have for their future in the medium term also highlight despondency and hopelessness (Figure 2). In 2014, 44% felt their lives would improve over the next five years. In late 2021 this had fallen to 29%. The number who felt that life would worsen rose from 25% in 2014 to 39% in 2021. Those who believed that their situation would remain unchanged fluctuated between 22% and 30% over this period.

The 2021 results suggest that a threshold has been crossed, with a pessimistic outlook becoming more dominant than an optimistic one.

A sense of despondency: This was observed across all race and gender groups. But from a age profile perspective, older people held more negative views on future life optimism (Figure 3).

The drivers

Our analysis shows that personal future outlook of South Africans is strongly shaped by factors relating to the government performance evaluations, trust in institutions and general democratic evaluations.

Those with a more positive outlook were also more satisfied with government efforts at delivering a range of serives. These included the provision of water, sanitation and electricity, tackling crime and corruption, as well as job creation and social grants.

Those who thought these services were sliding had a more negative outlook.

Similarly, those expressing trust in national and local government, parliament, the Independent Electoral Commission, political parties and politicians all reported a sunnier outlook than those who were more sceptical.

As an example of the scale of these effects, in Figure 4 below, we present the scale of difference in the share offering positive future expectations based on those that are satisfied and dissatisfied with democracy. On average over the 2014-2021 period, the difference between these two groups is 28 percentage points, rising to a high of 33 percentage points in 2021.

Democracy outlook

Up until 2020 there was evidence that South Africans, in common with other citizens across the subcontinent and Latin America, conventionally took a more optimistic view of the future through expressing that life would get better in the next five years.

However, as democratic despondency increases, so too does a sense of hopelessness in South Africans.

This begs the question of whether the Freedom Day 2023 mood should be a celebratory one, or one of sober reflection, and re-commitment to the social compact and spirit of accountability and government responsiveness that characterised the dream of 1994.

Joleen Steyn Kotze, Chief Research Specialist in Democracy and Citizenship at the Human Science Research Council and a Research Fellow Centre for African Studies, University of the Free State and Benjamin Roberts, Research Director: Developmental, Capable and Ethical State (DCES) research division, and Coordinator of the South African Social Attitudes Survey (SASAS), Human Sciences Research Council

This article is republished from The Conversation under a Creative Commons license.

A year on, we know why the Tongan eruption was so violent. It’s a wake-up call to watch other submarine volcanoes

 

Sung-Hyun Park/Korea Polar Research Institute

The Kingdom of Tonga exploded into global news on January 15 last year with one of the most spectacular and violent volcanic eruptions ever seen.

Remarkably, it was caused by a volcano that lies under hundreds of metres of seawater. The event shocked the public and volcano scientists alike.

Was this a new type of eruption we’ve never seen before? Was it a wake-up call to pay more attention to threats from submarine volcanoes around the world?

The answer is yes to both questions.

The Hunga Tonga-Hunga Ha'apai volcano was a little-known seamount along a chain of 20 similar volcanoes that make up the Tongan part of the Pacific “Ring of Fire”.

We know a lot about surface volcanoes along this ring, including Mount St Helens in the US, Mount Fuji in Japan and Gunung Merapi of Indonesia. But we know very little about the hundreds of submarine volcanoes around it.

Scientists have good understanding of land-based volcanoes along the Pacific Ring of Fire, but far less so about seamounts. Getty Images

It is difficult, expensive and time-consuming to study submarine volcanoes, but out of sight is no longer out of mind.

Tongan eruption breaks records

The Hunga Tonga-Hunga Ha'apai eruption has firmly established itself in the record books with the highest ash plume ever measured and a 58km aerosol cloud “overshoot” that touched space beyond the mesosphere. It also triggered the largest number of lightning bolts recorded for any type of natural event.

The injection of large amounts of water vapour into the outer atmosphere, along with “sonic booms” (atmospheric pressure waves) and tsunami that travelled the entire world, set new benchmarks for volcanic phenomena.

COVID hampered access to Tonga during the eruption and its aftermath, but local scientists and an international scientific collaborative effort helped us discover what drove its extreme violence.

Eruption creates a giant hole

A team from the Tongan Geological Services and the University of Auckland used a multi-beam sonar mapping system to precisely measure the shape of the volcano, just three months after the January blast.

We were astonished to find the rim of the vast submarine volcano was intact, but the formerly 6km diameter flat top of the submarine cone was rent by a hole 4km wide and almost 1km deep.

The Hunga Tonga-Hunga Ha'apai crater and caldera before and after the eruption. Sung-Hyun Park/Korea Polar Research Institute, CC BY-SA

This is known as a “caldera” and happens when the central part of the volcano collapses in on itself after magma is rapidly “pumped out”. We calculate over 7.1 cubic kilometres of magma was ejected. It is almost impossible to envisage, but if we wanted to refill the caldera, it would take one billion truck loads.

It is hard to explain the physics of the Hunga eruption, even with the large magma volume and its interaction with seawater. We need other driving forces to explain especially the climactic first hour of the eruption.

Mixed magmas lead to chain reaction

Only when we examined the texture and chemistry of the erupted particles (volcanic ash) did we see clues about the event’s violence. Different magmas were intimately mixed and mingled before the eruption, with contrasts visible at a micron to centimetre scale.

Isotopic “fingerprinting” using lead, neodymium, uranium and strontium shows at least three different magma sources were involved. Radium isotope analysis shows two magma bodies were older and resident in the middle of the Earth’s crust, before being joined by a new, younger one shortly before the eruption.

The mingling of magmas caused a strong reaction, driving water and other so-called “volatile elements” out of solution and into gas. This creates bubbles and an expanding magma foam, pushing the magma out vigorously at the onset of eruption.

This intermediate or “andesite” composition has low viscosity. It means magma can be rapidly forced out through narrow cracks in the rock. Hence, there was an extremely rapid tapping of magma from 5-10km below the volcano, leading to sudden step-wise collapses of the caldera.

The caldera collapse led to a chain reaction because seawater suddenly drained through cracks and faults and encountered magma rising from depth in the volcano. The resulting high-pressure direct contact of water with magma at more than 1150℃ caused two high-intensity explosions around 30 and 45 minutes into the eruption. Each explosion further decompressed the magma below, continuing the chain reaction by amplifying bubble growth and magma rise.

After about an hour, the central eruption plume lost energy and the eruption moved to a lower-elevation ejection of particles in a concentric curtain-like pattern around the volcano.

This less focused phase of eruption led to widespread pyroclastic flows – hot and fast-flowing clouds of gas, ash and fragments of rock – that collapsed into the ocean and caused submarine density currents. These damaged vast lengths of the international and domestic data cables, cutting Tonga off from the rest of the world.

This map shows the sites of ongoing venting after the eruption. Marta Ribo/AUT, CC BY-ND

Unanswered questions and challenges

Even after long analysis of a growing body of eyewitness accounts, there are still major unanswered questions about this eruption.

The most important is what led to the largest local tsunami – an 18-20m-high wave that struck most of the central Tongan islands around an hour into the eruption. Earlier tsunami are well linked to the two large explosions at around 30 and 45 minutes into the eruption. Currently, the best candidate for the largest tsunami is the collapse of the caldera itself, which caused seawater to rush back into the new cavity.

This event has parallels only to the great 1883 eruption of Krakatoa in Indonesia and has changed our perspective of the potential hazards from shallow submarine volcanoes. Work has begun on improving volcanic monitoring in Tonga using onshore and offshore seismic sensors along with infrasound sensors and a range of satellite observation tools.

All of these monitoring methods are expensive and difficult compared to land-based volcanoes. Despite the enormous expense of submarine research vessels, intensive efforts are underway to identify other volcanoes around the world that pose Hunga-like threats.

Shane Cronin, Professor of Earth Sciences, University of Auckland

This article is republished from The Conversation under a Creative Commons license.

How Edgar Allan Poe became the darling of the maligned and misunderstood

 

Could the pugnacious writer ever have imagined that he would one day become a cult hero? Nick Lehr/The Conversation via DALL-E 2, CC BY-SA

Edgar Allan Poe, who would have turned 214 years old on Jan. 19, 2023, remains one of the world’s most recognizable and popular literary figures.

His face – with its sunken eyes, enormous forehead and disheveled black hair – adorns tote bags, coffee mugs, T-shirts and lunch boxes. He appears as a meme, either sporting a popped collar and aviator shades as Edgar Allan Bro, or riffing on “Bohemian Rhapsody” by muttering, “I’m just Poe boy, nobody loves me” as a raven on his shoulder adds, “He’s just a Poe boy from a Poe family.”

Netflix has sought to capitalize on the writer’s popularity, recently releasing the mystery-thriller “The Pale Blue Eye,” which features Poe as a West Point cadet, where he spent less than a year before being court-martialed. Netflix also has a Poe-inspired miniseries, “The Fall of the House of Usher,” set to be released sometime in 2023.

But as a Poe scholar, I sometimes wonder whether Poe’s appeal is less about the power and complexity of his prose and more about an attraction to the idea of Poe.

After all, Poe’s most famous literary creations tend to be unsympathetic villains. There are psychopaths who perpetuate seemingly motiveless murders in “The Black Cat” and “The Tell-Tale Heart”; protagonists who abuse women in “Ligeia” and “The Fall of the House of Usher”; and characters who exact cruel, fatal revenge on unwitting victims in “The Cask of Amontillado” and “Hop-Frog.”

The degenerate characters whose perspectives Poe invites readers to inhabit don’t exactly align with a cultural moment characterized by the #MeToo movement, safe spaces and trigger warnings.

At the same time, the conception of Poe the writer seems to tap into a cultural affection for outsiders, nonconformists and underdogs who ultimately prove their worth.

A character assassination that misfires

The idea of Poe the underdog began with his death in 1849, which was greeted by a cruel notice in the New York Tribune: “This announcement will startle many, but few will be grieved by it.”

The obituary writer, who turned out to be Poe’s sometime friend and constant rival Rufus W. Griswold, claimed that the deceased had “few or no friends” and proceeded with a general character assassination built on exaggerations and half-truths.

Strange as it seems, Griswold was also Poe’s literary executor, and he expanded the obituary into a biographical essay that accompanied Poe’s collected works. If this was a marketing ploy, it worked. The friends that Griswold claimed Poe lacked rose to his defense, and journalists spent decades debating who the man really was.

Rufus W. Griswold penned the first draft of Poe’s life and legacy. raveler1116/DigitalVision Vectors via Getty Images

During Poe’s lifetime, most readers encountered his work through magazines, and he was rarely well paid. But Griswold’s edition went through 19 printings in the 15 years after Poe’s death, and his stories and poems have been endlessly reprinted and translated ever since.

Griswold’s defamatory portrait, along with the grim subject matter of Poe’s stories and poems, still influences the way readers perceive him. But it has also produced a sustained reaction or counterimage of Poe as a tragic hero, a tortured, misunderstood artist who was too good – or, at any rate, too cool – for his world.

While translating Poe’s works into French in the 1850s and 1860s, the French poet Charles Baudelaire promoted his hero as a kind of countercultural visionary, out of step with a moralistic, materialistic America. Baudelaire’s Poe valued beauty over truth in his poetry and, in his fiction, saw through the self-improvement pieties that were popular at the time to reveal “the natural wickedness of man.” Poe struck a chord with European writers, and as his international stature rose in the late 19th century, literary critics in the U.S. wrung their hands over his lack of appreciation “at home.”

Poe’s underdog story takes off

By the turn of the 20th century, the stage was set for Poe to be embraced as the perennial underdog. And Poe often did appear on stage around this time, as the subject of several biographical melodramas that depicted him as a tragic figure whose lack of success had more to do with a hostile cultural and publishing environment than his own failings.

That image appeared on the silver screen as early as 1909 in D.W. Griffith’s short film “Edgar Allen Poe.” With Poe’s wife, Virginia, languishing on a sick bed, the poet ventures out to sell “The Raven.” After meeting rejection and scorn, he manages to sell his manuscript and returns home with provisions for his ailing wife, only to find that she has died.

Later films also depict Poe as being misunderstood or underappreciated in his lifetime. A wildly inaccurate biopic, “The Loves of Edgar Allan Poe,” released in 1942, ends with a voice-over commenting, “…little did [the public] know that the manuscript of ‘The Raven,’ which he tried in vain to sell for $25, would years later bring the price of $17,000 from a collector.”

In ‘The Loves of Edgar Allan Poe,’ Poe’s talents are overlooked, as ‘men scoffed at his greatness.’ LMPC/Getty Images

In real life, while an early draft of “The Raven” was declined by one editor, Poe had no trouble selling the poem, and it was an immediate sensation.

But here “The Raven” becomes a stand-in for Poe himself, something dark and mysterious that, according to legend, people in Poe’s time failed to appreciate.

Poe is an obscure writer and amateur detective in the 1951 film “The Man with a Cloak,” which ends with a saloonkeeper allowing the rain to wash away the ink on an IOU that Poe gave him. On the reverse side of the note is a manuscript of the poem “Annabel Lee,” as its bearer declares, “That name’ll never be worth anything. Not in a hundred years.”

Of course, the audience watching this film almost exactly 100 years after Poe’s death knew better.

The most interesting plants grow in the shade

Which brings us to “The Pale Blue Eye,” in which Henry Melling portrays Cadet Poe, an outcast with a keen crime solver’s intellect. In a refreshing change, this younger Poe is not a tortured artist or a haunted, brooding figure. He is, however, picked on by his peers and underestimated by his superiors – yet again, an underdog viewers want to root for.

In that sense, the Poe in “The Pale Blue Eye” fits well with his contemporary image, which also permeates the early episodes of “Wednesday,” Netflix’s Addams Family spinoff set at Nevermore Academy that’s chock full of Poe references.

The headmistress of Nevermore Academy – a Hogwarts-like school for outcasts – refers to Poe as “our most famous alumni,” which explains why the school’s annual boat race is the Poe Cup and why there’s a statue of Poe guarding a secret passage.

The delightfully antisocial protagonist, Wednesday, played by Jenna Ortega, is an outcast among outcasts – the Poe figure at a school whose name evokes Poe. In one scene, a sympathetic teacher urges her not to lose “the ability to not let others define you. It’s a gift.” She adds, “The most interesting plants grow in the shade.”

When John Lennon sang “Man, you should have seen them kicking Edgar Allan Poe” in “I Am the Walrus,” he didn’t have to say who was kicking him or why. The point was, Poe deserved better; the most interesting plants do grow in the shade, unlovely and unloved.

And that’s exactly why so many people – aspiring writers and artists, but also everyone when they’re lonely and misunderstood – see a little bit of themselves in the weary-but-wise image of Poe.

Scott Peeples, Professor of English, College of Charleston

This article is republished from The Conversation under a Creative Commons license.

The same app can pose a bigger security and privacy threat depending on the country where you download it, study finds

 

Same app, same app store, different risks if you download it in, say, Tunisia rather than in Germany. NurPhoto via Getty Images

Google and Apple have removed hundreds of apps from their app stores at the request of governments around the world, creating regional disparities in access to mobile apps at a time when many economies are becoming increasingly dependent on them.

The mobile phone giants have removed over 200 Chinese apps, including widely downloaded apps like TikTok, at the Indian government’s request in recent years. Similarly, the companies removed LinkedIn, an essential app for professional networking, from Russian app stores at the Russian government’s request.

However, access to apps is just one concern. Developers also regionalize apps, meaning they produce different versions for different countries. This raises the question of whether these apps differ in their security and privacy capabilities based on region.

In a perfect world, access to apps and app security and privacy capabilities would be consistent everywhere. Popular mobile apps should be available without increasing the risk that users are spied on or tracked based on what country they’re in, especially given that not every country has strong data protection regulations.

My colleagues and I recently studied the availability and privacy policies of thousands of globally popular apps on Google Play, the app store for Android devices, in 26 countries. We found differences in app availability, security and privacy.

While our study corroborates reports of takedowns due to government requests, we also found many differences introduced by app developers. We found instances of apps with settings and disclosures that expose users to higher or lower security and privacy risks depending on the country in which they’re downloaded.

Geoblocked apps

The countries and one special administrative region in our study are diverse in location, population and gross domestic product. They include the U.S., Germany, Hungary, Ukraine, Russia, South Korea, Turkey, Hong Kong and India. We also included countries like Iran, Zimbabwe and Tunisia, where it was difficult to collect data. We studied 5,684 globally popular apps, each with over 1 million installs, from the top 22 app categories, including Books and Reference, Education, Medical, and News and Magazines.

Our study showed high amounts of geoblocking, with 3,672 of 5,684 globally popular apps blocked in at least one of our 26 countries. Blocking by developers was significantly higher than takedowns requested by governments in all our countries and app categories. We found that Iran and Tunisia have the highest blocking rates, with apps like Microsoft Office, Adobe Reader, Flipboard and Google Books all unavailable for download.

Attempting to download the LinkedIn app in the Google Play app store is a different experience in, from top to bottom, the U.S., Iran and Russia. Kumar et al., CC BY-ND

We found regional overlap in the apps that are geoblocked. In European countries in our study – Germany, Hungary, Ireland and the U.K. – 479 of the same apps were geoblocked. Eight of those, including Blued and USA Today News, were blocked only in the European Union, possibly because of the region’s General Data Protection Regulation. Turkey, Ukraine and Russia also show similar blocking patterns, with high blocking of virtual private network apps in Turkey and Russia, which is consistent with the recent upsurge of surveillance laws.

Of the 61 country-specific takedowns by Google, 36 were unique to South Korea, including 17 gambling and gaming apps taken down in accordance with the national prohibition on online gambling. While the Indian government’s takedown of Chinese apps happened with full public disclosure, surprisingly most of the takedowns we observed occurred without much public awareness or debate.

Differences in security and privacy

The apps we downloaded from Google Play also showed differences based on country in their security and privacy capabilities. One hundred twenty-seven apps varied in what the apps were allowed to access on users’ mobile phones, 49 of which had additional permissions deemed “dangerous” by Google. Apps in Bahrain, Tunisia and Canada requested the most additional dangerous permissions.

Three VPN apps enable clear text communication in some countries, which allows unauthorized access to users’ communications. One hundred and eighteen apps varied in the number of ad trackers included in an app in some countries, with the categories Games, Entertainment and Social, with Iran and Ukraine having the most increases in the number of ad trackers compared to the baseline number common to all countries.

One hundred and three apps have differences based on country in their privacy policies. Users in countries not covered by data protection regulations, such as GDPR in the EU and the California Consumer Privacy Act in the U.S., are at higher privacy risk. For instance, 71 apps available from Google Play have clauses to comply with GDPR only in the EU and CCPA only in the U.S. Twenty-eight apps that use dangerous permissions make no mention of it, despite Google’s policy requiring them to do so.

The role of app stores

App stores allow developers to target their apps to users based on a wide array of factors, including their country and their device’s specific features. Though Google has taken some steps toward transparency in its app store, our research shows that there are shortcomings in Google’s auditing of the app ecosystem, some of which could put users’ security and privacy at risk.

Potentially also as a result of app store policies in some countries, app stores that specialize in specific regions of the world are becoming increasingly popular. However, these app stores may not have adequate vetting policies, thereby allowing altered versions of apps to reach users. For example, a national government could pressure a developer to provide a version of an app that includes backdoor access. There is no straightforward way for users to distinguish an altered app from an unaltered one.

Our research provides several recommendations to app store proprietors to address the issues we found:

• Better moderate their country targeting features
• Provide detailed transparency reports on app takedowns
• Vet apps for differences based on country or region
• Push for transparency from developers on their need for the differences
• Host app privacy policies themselves to ensure their availability when the policies are blocked in certain countries

Renuka Kumar, Ph.D. student in Computer Science and Engineering, University of Michigan

This article is republished from The Conversation under a Creative Commons license.

How the Satanic Temple is using ‘abortion rituals’ to claim religious liberty against the Texas’ ‘heartbeat bill’

 

Two women hold mock pro-life signs in what they call an ‘Abortrait room’ at the Satanic Temple’s headquarters to protest abortion laws. Joseph Prezioso / AFP via Getty images

Texas’s controversial anti-abortion law known as the “Heartbeat Bill” went into effect at midnight on Sept. 1, 2021. Less than 24 hours later, the U.S. Supreme Court declared it would not block the law.

In response, The Satanic Temple, a nontheistic group that has been recognized by the IRS as a religion, announced that it would fight back by invoking the Religious Freedom Restoration Act, or RFRA, to demand exemption from abortion restrictions on religious grounds. RFRA laws, which came into effect in 1993, restrict the government’s ability to burden religious practices.

Like the Heartbeat Bill itself, The Satanic Temple’s efforts to circumvent abortion restrictions on religious grounds involve a creative and complicated legal strategy. As a scholar who studies the ways in which The Satanic Temple’s provocations affect public debates about religious freedom, I anticipate their latest legal argument will challenge some assumptions about RFRA and the freedoms it was designed to protect.

The Heartbeat Bill

In the pivotal 1973 abortion case Roe v. Wade and Planned Parenthood v. Casey in 1992, the Supreme Court established that abortion is a Constitutional right. However, states can still pass laws that severely restrict access to abortion. The question is how severely.

Texas’s new law was designed to effectively shut down all abortion while protecting the state from judicial review.

First, the bill bans abortion after six weeks – the point at which Texas lawmakers claim a fetus’s heartbeat can be detected. Most women are not aware they are pregnant before six weeks, and Texas abortion providers estimate 85% of abortions in the state are performed after this period.

Second, the law allows anyone to sue those they can accuse of “aiding and abetting” an abortion for US$10,000. Critics of the law claim this is an intimidation tactic designed to threaten the clinics with so much potential liability that legal abortion becomes impossible.

But outsourcing enforcement to the public is also intended to protect the state. Proponents of the bill claim that since no state official is enforcing the law, abortion providers have no one to sue.

The Religious Freedom Restoration Act

The 1990 Supreme Court case Employment Division v. Smith considered arguments that a member of the Native American Church had a religious right to use peyote, a controlled substance.

The court ruled that freedom of religion was no excuse from compliance with a generally applicable law – a law that applies equally to everyone and does not single out specific groups. With this decision, it appeared that the free exercise of religion guaranteed in the First Amendment meant very little.

In response, Congress wrote the Religious Freedom Restoration Act, which was signed into law in 1993.

Under RFRA, the government cannot burden the free exercise of religion unless: 1) it has a compelling reason for doing so, and 2) the government acts in the least restrictive way possible to achieve its purpose.

Four years later, in Boerne v. Flores, the Supreme Court ruled that RFRA applied only to the federal government and not to individual states. So many states, including Texas, passed similar legislation, sometimes called “mini-RFRAs.”

In 2014, the Supreme Court ruled in Burwell v. Hobby Lobby that under RFRA, the federal government could not require the Christian company Hobby Lobby to fund insurance that provided their employees with certain forms of birth control. This decision inspired The Satanic Temple by linking the question of religious liberty with that of reproductive rights.

The Satanic Temple and RFRA

The Satanic Temple’s seven tenets include the belief that one’s body is subject to one’s own will alone. AP Photo/Hannah Grabenstein

The Satanic Temple began in 2013 and has launched a number of political actions and lawsuits related to the separation of church and state. Texas is home to four congregations of The Satanic Temple, more than any other state.

Although The Satanic Temple does not believe in or worship a literal Satan, they revere Satan as described in the works of English poet John Milton and the Romantic movement, an intellectual movement that originated in late 18th-century Europe, as a powerful symbol of rebellion against authority.

The Satanic Temple’s seven tenets include the belief that “one’s body is inviolable, subject to one’s own will alone.” It interprets state restrictions on abortion access as a burden on this sincerely held religious belief.

In 2015, The Satanic Temple began a series of lawsuits against the state of Missouri, where women seeking abortions must view sonograms and then review a booklet stating, “The life of each human being begins at conception. Abortion will terminate the life of a separate, unique, living human being.” After this, the women must spend 72 hours considering their decision before finally receiving an abortion.

The Satanic Temple argued that this practice was an unconstitutional effort by the state to impose its religious views onto vulnerable women. Furthermore, it claimed that under Missouri’s RFRA law, Satanic women could not be forced to comply with these procedures. Instead of answering whether RFRA protected members of The Satanic Temple from abortion restrictions, the court dismissed these cases on procedural grounds.

The Missouri Supreme Court ruled that since the plaintiff, a woman known as “Mary Doe,” was no longer pregnant by the time her case wound its way through the courts, she no longer needed an abortion and therefore had no legal standing to sue. The Satanic Temple appealed this ruling to the U.S. Supreme Court, which declined to hear it.

To prevent similar rulings, ministers for The Satanic Temple created an “abortion ritual,” in which a woman affirms her own autonomy, obtains an abortion, and then concludes the ritual.

Since abortion is part of the ritual, The Satanic Temple argues, subjecting a woman to a waiting period is akin to the government interfering with a baptism or communion. In February 2021, The Satanic Temple filed a new lawsuit against Texas, arguing that the state was violating the religious liberty of its new plaintiff, referred to as “Ann Doe.”

The devil is in the details

The Satanic Temple raises important questions about what counts as a religion. Opponents of the group argue that abortion is a medical procedure, not a protected religious practice. But The Satanic Temple’s lawyer, Matthew Kezhaya, points to a 2009 case, Barr v. City of Sinton, in which Texas pastor Richard Barr was told the halfway house he operated violated a zoning ordinance.

The Texas Supreme Court ruled that excluding Barr’s halfway house from the city violated Texas’s RFRA law. Key to this argument was the court’s statement that, “The fact that a halfway house can be secular does not mean that it cannot be religious.” Likewise, Kezhaya argues, abortion can be both secular and religious, depending on context.

Kezhaya also disagrees that outsourcing the enforcement of abortion to private lawsuits makes the state of Texas immune to judicial review. He compared this situation to “racially restrictive covenants” of the Jim Crow era in which white residents signed legal agreements never to sell or rent their homes to African Americans.

The Supreme Court initially declined to hear cases challenging these covenants because they were considered private contracts. But in 1948, it ruled that a court enforcing these contracts was a state action that violated the 14th Amendment.

The Satanic Temple also has an even more creative strategy. The Food and Drug Administration, which controls the distribution of the abortion pills mifepristone and misoprostol, is subject to the federal RFRA law. The Satanic Temple sent a letter to the FDA explaining that its prescription requirements illegally burden their abortion ritual. Currently, these drugs are only available with a doctor’s prescription, and the doctor must adhere to any state restrictions before providing them.

The Satanic Temple proposed an accommodation in which Satanic women can obtain a doctor’s note indicating only that these medications are safe for them to use, and then receive medication directly from The Satanic Temple rather than a state-approved provider.

In an interview with me in September 2021, Kezhaya, The Satanic Temple’s lawyer, admitted this was experimental territory. Assuming a court approved this accommodation, it could legally make The Satanic Temple a pharmacy, in addition to a religious entity, because it would be distributing controlled medications.

Is RFRA a “loophole?”

The Satanic Temple’s opponents claim it is abusing RFRA and using it as a “loophole” to circumvent the law. However, Lucien Greaves, a co-founder of The Satanic Temple, counters that RFRA was always intended to protect religious minorities from the government. If anyone is abusing it, he claims, it is companies like Hobby Lobby that invoked it to restrict the choices of their employees.

Critics of RFRA, such as legal scholar Marci Hamilton, warn that religious exemptions can turn the law into “Swiss cheese.” In other words, there could be so many religious loopholes that laws become meaningless. Whether or not this is a serious concern, it is certainly true that RFRA must not benefit only the Christian majority.

This is why constitutional law professor Jay Wexler has encouraged the work of groups like The Satanic Temple, stating, “Only by insisting on exercising these rights can Muslims, Hindus, Buddhists, atheists and everybody else ensure that the Court’s new religious jurisprudence does not result in a public space occupied exclusively by Christian messages and symbols. At stake is nothing less than our national public life.”

Joseph P. Laycock, Assistant Professor of Religious Studies, Texas State University

This article is republished from The Conversation under a Creative Commons license.