Why Are So Many Synagogues Talking About Abortion This Shabbat?

In the landmark decision Roe v. Wade of 1973, the Supreme Court of the United States ruled that the “concept of liberty” guaranteed by the 14th amendment included a woman’s qualified right to terminate her pregnancy. This landmark decision struck down dozens of state abortion restrictions across the country. For almost five decades, the right to terminate a pregnancy was a protected constitutional right that could be regulated or prohibited by state law only when the fetus became viable. 

49 years later, the Supreme Court overturned Roe v. Wade. Its decision in Dobbs v. Jackson Women’s Health Organization gave individual states the power to regulate abortion. They ruled that abortion is not a constitutional right, and additionally ruled that it is not a fundamental right implied by the Constitution. The practical effect was a dismantling of almost 50 years of precedent protecting the constitutional right to abortion in the United States. Since the Dobbs case, 14 states have banned abortion. Six states have early gestational limits between six and 15 weeks.  Six other states have legislation banning abortion currently blocked pending the outcome of ongoing litigation. 

Abortion is a serious, controversial, and divisive issue. Among the reasons why this issue is so difficult and sensitive is that a discussion of the morality of abortion literally demands an honest definition or at least an understanding of when life actually begins.  The reason why the anti-abortion movement is, by and large led by religious organizations, just as so much of the pro-choice movement is led by religious organizations is that when life begins is not just a legal question but also a reflection of religious doctrine, values, and law.  So, it is important for you to know what Jewish law has to say about it.   

There is a reason that I, along with hundreds of other synagogues and Rabbis, want to speak about abortion and reproductive freedom on this particular Shabbat. The basic Jewish text regarding this subject is found in this week’s Torah reading, Parshat Mishpatim.  From the Jewish point of view, this teaching is at variance with the rather extremist position adopted by much of the anti-abortion movement in the USA, and the many states that have banned or unreasonably limited access to abortions.

I do not think I am being unfair when I say that what unites the religious communities and organizations that champion the curtailment of abortion rights is a theological view which asserts that life as we know it begins at conception.  Now if you hold that position, then the logical extension of that position is to defend that life and thus restricting abortion, and outlawing abortion becomes reasonable, admirable, and worthy of respect. 

Jewish theology and law asserts a different understanding and definition of life and when it begins.  Exodus 21:22 is the only verse in the Torah that mentions the legal status of a fetus. For 2000 years, our Rabbis have consistently ruled that a fetus, however valuable, simply does not have the same status as human life as Judaism understands it.  Under most circumstances it must be given the chance for life.  Yet there are some circumstances that allow for the termination of a pregnancy, and a few that even mandate it.  That is why no Rabbi, even those who advocate a more restrictive position regarding abortion as a legal issue in America, believes or has ever ruled that abortion is murder.  The question of when life begins is a significant theological issue, which has real implications for the free exercise of our own religious rights and sensibilities regarding this emotional and complicated national debate.

It is important to understand the religious concerns and values of the anti-abortion movement.  If one truly considers the implications of the important (through by no means universal) Christian theological viewpoint that human life begins at conception, to my mind at least, it seems illogical to even make an abortion exception for pregnancy as a result of rape, or incest.  Please do not quote me out of context.  I am certainly not in favor of this.  But from a legal point of view, such an exception makes no sense.  It can only be explained (or justified) by a realization that most Americans, even those who claim to oppose abortion, cannot help but be horrified by the logical extension of this rather extremist position.  But at least the extremists are being honest.   After all, in their view, life is life, no matter how conception happens to take place.

In Judaism, the context of conception is actually quite important.  I want you to remember that.

On the other hand, let us not blind ourselves of the danger of the Jewish position, or at least how most Jews have understood it.  Most Jewish organizations – indeed all Jewish organizations except for those on the extreme right of the religious spectrum, are on record as favoring unrestricted access to abortions.  I agree with this position as a matter of law and conscience.  But that has led many Jews to believe that this major issue is a small thing.  And by doing so, they fail to appreciate our responsibility and religious obligation to do everything in our power to ensure the fetus is given every chance to come into life, in most cases. The truth is that Jewish law is generally more restrictive than the secular laws our community has regularly supported for two generations.  So it is also important to understand we have, as a public policy issue, always advocated for maximum freedoms so that all, ourselves included, could practice our religion free of government restrictions.  This is especially important today, as the past 2 years have seen such a rise in restrictions on abortion, access to women’s healthcare, as well as government interference in the ability of doctors and medical professionals to care for their patients. 

The deep dark secret is that most Americans believe what Jews have always believed:  that abortion should be infrequent, and it must be legal and available for those who seek it. Women throughout America and their doctors must be granted the freedom to make the best decisions possible with the least amount of interference, especially interference from the government.  Our understanding of when life begins allows for the hard conversations that others demand we avoid.  Let those who claim otherwise make their case and tell you honestly the sources of their wisdom.  As Jews, now you know yours.