Whole Woman's Health et al v. Jackson et al

Filing 19

MOTION for Summary Judgment and Memorandum of Law in Support by Alamo Women's Reproductive Services, Alamo City Surgery Center PLLC, Brookside Women's Medical Center PA, Erika Forbes, Frontera Fund, Fund Texas Choice, Allison Gilbert, Houston Women's Clinic, Houston Women's Reproductive Services, Jane's Due Process, Daniel Kanter, Bhavik Kumar, Lilith Fund, Inc., North Texas Equal Access Fund, Planned Parenthood Center for Choice, Planned Parenthood South Texas Surgical Center, Planned Parenthood of Greater Texas Surgical Health Services, Marva Sadler, Southwestern Women's Surgery Center, The Afiya Center, Whole Woman's Health, Whole Women's Health Alliance. (Attachments: #1 Exhibit A. Gilbert Declaration, #2 Exhibit B. Kumar Declaration, #3 Exhibit C. Ferrigno Declaration, #4 Exhibit D. Klier Declaration, #5 Exhibit E. Lambrecht Declaration, #6 Exhibit F. Linton Declaration, #7 Exhibit G. Hagstrom Miller Declaration, #8 Exhibit H. Braid Declaration, #9 Exhibit I. Rosenfeld Declaration, #10 Exhibit J. Barraza Declaration, #11 Exhibit K. Sadler Declarationb, #12 Exhibit L. Zamora Declaration, #13 Exhibit M. Jones Declaration, #14 Exhibit N. Rupani Declaration, #15 Exhibit O. Connor Declaration, #16 Exhibit P. Williams Declaration, #17 Exhibit Q. Kanter Declaration, #18 Exhibit R. Forbes Declaration, #19 Exhibit S. Mariappuram Declaration)(Hebert, Christen)

Exhibit Q

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
WHOLE WOMAN’S HEALTH, et al.,
Plaintiffs,
v.
AUSTIN REEVE JACKSON, et al.,
Defendants.

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CIVIL ACTION
CASE NO. _______________

DECLARATION OF REVEREND DANIEL KANTER IN SUPPORT OF
PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
REVEREND DANIEL KANTER, declares under penalty of perjury that the following
statements are true and correct:
1.

I am the CEO and Senior Minister of the First Unitarian Church of Dallas (“First

Church”).
2.

First Church is a progressive cathedral of Unitarian Universalism. My

congregation consists of 1,100 people in the Dallas-Fort Worth region across a 50-mile radius.
The Church reaches 3,000 people in total through broadcasting to 37 states and 7 countries.
3.

I submit this declaration in support of Plaintiffs’ Motion for Summary Judgment

to prevent enforcement of Texas Senate Bill 8 (“S.B. 8”). The facts I state here and the opinions I
offer are based on my training and experience as a licensed and ordained member of the clergy
who has worked in Texas for the past 20 years.
My Background and Beliefs
4.

I received my Doctorate in Ministry from the Perkins School of Theology at

Southern Methodist University in 2007. I also received my Master’s Degree in Divinity from the

Starr King School for the Ministry in Berkeley, California and my B.A. in Psychology and Asian
Area Studies from the University of Vermont.
5.

I was ordained at King’s Chapel in Boston, Massachusetts in 1998, where I served

as an Assistant Minister for three years.
6.

I moved to Texas 20 years ago to be a sabbatical minister at First Church. I have

been promoted over the years to Assistant Minister, Associate Minister, and now Senior
Minister. I have served this Church as CEO and Senior Minister since January 2009.
7.

As CEO and Senior Minister, I am responsible for all operations of the Church

and its ministry. In my role as CEO, I design the strategic direction for the Church and its
programs, manage our full-time employees, and serve as steward of our community. In my role
as Senior Minister, I regularly preach to the congregation; provide pastoral care, such as the
administration of rites of passage and officiation of burials and weddings; and oversee the
educational programs of the Church.
8.

My personal religious beliefs stem from the core principles of Unitarian

Universalism. The core belief in Unitarian Universalism is the inherent dignity and worth of all
living human beings. We believe that God is a loving God that loves us all, and our job is to live
up to that ideal by making the world as loving, compassionate, and just as we can. 1
9.

Because of these core tenets, I believe that pregnant people need to make

decisions about their reproductive health—including decisions to have an abortion—for
themselves. I believe that respect for the pregnant person’s dignity requires that we respect their
choice. This is particularly important given that people seeking abortions often face challenging
circumstances, including rape, abuse, and judgment from their loved ones.

1

The Seven Principles, Unitarian Universalist Association, https://www.uua.org/beliefs/what-we-believe/principles.

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10.

I believe that just like any other person called to the ministry of the care of

people, I am an agent of God on this Earth. My religious mission is to serve my parishioners and
others I encounter with justice and compassion. I find fulfillment whenever I am supporting the
dignity and worth of all people.
11.

I also believe that every person who wants a confidential conversation with a

member of the clergy before making decisions about their reproductive choices is entitled to that
conversation. My dedication to providing pastoral care includes providing emotional and
spiritual support to individuals and their families contemplating abortion. During my years as a
Minister, I have provided confidential counseling to parishioners seeking guidance about
unintended pregnancy, past abortions, and other reproductive decision-making.
History of First Church
12.

First Church was founded in 1899 and has a long history of involvement in

progressive causes—work that continues to this day. For instance, First Church advocated for
school desegregation 20 years before any court-ordered school desegregation. The Church has
spoken out for LGBT causes for 45 years and has worked on AIDS-related issues for years.
Further, the Church itself has a history of providing comprehensive sex education for youth.
13.

First Church also has a long history advocating for reproductive rights. As early

as 1969, the Women’s Alliance at the Church began to work on abortion rights. After speaking
with Virginia Whitehill, then a volunteer at Planned Parenthood, the Women’s Alliance formed a
broad coalition to repeal Texas’s existing abortion ban. This coalition identified Norma
McCorvey, the plaintiff who would be known as Jane Roe, and participated in an amicus brief
submitted in the Roe v. Wade case.2 First Church continues that coalition to this day, celebrating

2

Our History, First Unitarian Church of Dallas, https://www.dallasuu.org/history/.

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its history and continuing to move forward its advocacy. For example, First Church recently held
a fiftieth anniversary event for Roe v. Wade, and has hosted numerous community events,
inviting speakers like Cecile Richards to present to our congregation.
14.

When I first came to First Church, its history was particularly salient to me in

both my ministry and my involvement with the progressive religious community in Dallas. I
have long preached about society’s responsibility to preserve reproductive rights and justice, but
these issues took on new meaning when I joined First Church. Over the years, I have become
increasingly dedicated to the cause and expanded my own advocacy regarding my beliefs. I
joined the Board for Planned Parenthood of North Texas and, later, the Board for Planned
Parenthood of Greater Texas, on which I still serve. From 2017 to 2019, I was the Chair of the
Clergy Advocacy Board for Planned Parenthood Federation of America.
15.

For many years, I have also worked with the Texas Freedom Network, a non-

partisan grassroots organization of more than 150,000 religious and community leaders who
support civil rights and progressive causes like reproductive rights and justice. First Church is
the first church that Texas Freedom Network designated as a reproductive justice congregation.
16.

First Church’s work in the community has not come without risks. Five years ago,

for example, First Church was a target for harassment by anti-choice protesters called the
Abolitionists, who launched a protest outside our Church during Sunday services. Carrying large
signs and wearing body cameras, the group yelled at parishioners and their children, haranguing
them for attending a church that “kills babies.” The protesters’ attempt to scare away my
parishioners was, thankfully, unsuccessful. In fact, the Church gained new members because of
that incident.

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Southwestern’s Chaplaincy Program
17.

Pursuant to my beliefs, in 2017, I founded a Chaplaincy Program at Southwestern

Women’s Surgery Center (“Southwestern”), an abortion provider in Dallas. Through my work
with First Church and my community in Dallas, I recognized the shame and stigma that
accompanies reproductive decision-making and the lack of support that many Texans have
during these important and tender moments in their lives. My goal in creating the Chaplaincy
Program was to create a support network to be present with patients and their families making
decisions about abortion to fill this spiritual gap. This work is an important part of my
commitment to the human journey and to ensuring that all individuals have spiritual support in
the moments in their life when they need compassion.
18.

The Chaplaincy Program involves me, and other clergy members from various

religious faiths, including Jews, Methodists, Presbyterians, and Disciples of Christ, providing
individual counseling and emotional/spiritual support to patients and/or their families during
their appointments at Southwestern. At the program’s peak, we had 8-10 members of the clergy
volunteering at Southwestern during shifts throughout the week.
19.

I have personally counseled hundreds of patients through the Chaplaincy

Program. I have counseled a wide range of patients over the years, including: anti-choice
individuals seeking an abortion to save their lives; families struggling with fetal diagnoses;
patients abused by their own families; anxious boyfriends and husbands waiting for their
partners; and the full range of individuals who are attempting to create agency in their own lives.
Our conversations have covered a wide range of topics. I have assured patients that God is not
condemning them for their choices. I have answered religious questions and sat in prayer or
meditation with patients and their families. My counseling has helped uncover abuse and other

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important issues that enable Southwestern’s staff to provide the highest level of care to their
patients.
20.

Over the last several years, the Chaplaincy Program has served hundreds of

patients and has been extremely well-received by both patients and clinic staff. Patients have
been extremely thankful and have reported how important and meaningful the counseling we
provide was to their experience at the clinic.
21.

While the in-person Chaplaincy Program has been temporarily suspended during

the COVID-19 pandemic, I have continued to be on-call for remote consultations with patients,
and we intend to re-start in-person counseling when it is safe to do so.
The Impact of S.B. 8
22.

I understand that S.B. 8 prohibits providing an abortion after the detection of

“fetal heartbeat” and is therefore a six-week ban on abortions. The bill also makes it a violation
to aid or abet an abortion after the detection of a “fetal heartbeat.”
23.

I am personally opposed to S.B. 8 because it effectively outlaws the majority of

abortions in Texas. My understanding is that at six weeks, many pregnant people do not know
that they are pregnant. Thus, in practicality, S.B. 8 makes it impossible for the majority of
Texans to discern and decide whether to carry or terminate a pregnancy. Patients will not be able
to access a safe medical procedure and necessary healthcare.
24.

Moreover, I am concerned that the religious counseling I provide to both my

parishioners and to Southwestern’s patients through the Chaplaincy Program could subject me to
lawsuits by individuals who say that I am “aiding and abetting” abortion. S.B. 8 appears to
restrain what I—as a member of the clergy—can say to another human being and prevent me
from providing the spiritual and emotional counseling that I am called by my religious beliefs to

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provide. I am deeply concerned that S.B. 8 violates my ability to be in a conversation with a
patient and that patient’s family on a pastoral issue—an ability which I thought was protected in
this country as sacrosanct. If I cannot provide pastoral care consistent with my religious beliefs, I
am not able to exercise my right to practice as a Minister.
25.

Based on my experiences as a member of the clergy in Dallas for 20 years, I

believe that S.B. 8 will have wide-ranging and harmful consequences, both for people like me
and for the Texans who need abortion care. At a minimum, S.B. 8 will result in many unwanted
pregnancies and many Texans denied the ability to make basic decisions about their reproductive
lives. The bill will have very public consequences as well, forcing people further into poverty
and derailing people’s agency in their own lives. There will inevitably be a lot of emotional and
spiritual trauma, as well as unnecessary pain and suffering, on the part of people forced to bring
a pregnancy to term, whether that pregnancy is viable or not.
26.

I refuse to let S.B. 8 or any other law interfere with my ability to practice my

ministry. Although I am concerned with the financial consequences—which seem entirely
punitive and arbitrary—I must be able to fully present myself in the ministry to which I have
been called by God.

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