An Indiana Abortion Ruling with Serious Implications for Jews

April 15 2024

Turning to the American scene, a state appellate court in Indiana issued a ruling an April 4 that mentioned Jews and Judaism over 70 times. The court decided that, in certain circumstances, Jews can claim a religious right to abortion that overrides state restrictions. Michael A. Helfand explains:

Jewish law’s approach to abortion is generally understood—as much as anything within Jewish law is “generally understood”—to place the well-being of the mother, including physical and emotional well-being, at the center of its analysis. As a result, where an abortion is necessary to protect the well-being of a mother, broadly construed, Jewish law sanctions—and often requires—the termination of the pregnancy. If a mother, motivated by these underlying Jewish values, were to seek an abortion in a state that imposed significant restrictions on such procedures, her religious commitments could run afoul of state law.

Advocacy addressing this tension between Jewish commitments and abortion restrictions is not new. Back in the late 80s and early 90s, Agudath Israel of America, [the more religiously conservative of the two U.S. Orthodox umbrella organizations], filed friend-of-the-court briefs encouraging the Supreme Court to overturn Roe v. Wade. But, prefiguring much of the contemporary debate, it also argued that those religiously motivated to seek abortions—such as American Jews—ought to have religious-liberty protections for such decisions even in the absence of a more general right to abortion.

With an easy-to-follow blueprint now available, last week’s decision may signal that a Jewish right to abortion is no longer merely a theoretical argument.

Read more at JTA

More about: Abortion, American Jewry, Freedom of Religion

The Benefits of Chaos in Gaza

With the IDF engaged in ground maneuvers in both northern and southern Gaza, and a plan about to go into effect next week that would separate more than 100,000 civilians from Hamas’s control, an end to the war may at last be in sight. Yet there seems to be no agreement within Israel, or without, about what should become of the territory. Efraim Inbar assesses the various proposals, from Donald Trump’s plan to remove the population entirely, to the Israeli far-right’s desire to settle the Strip with Jews, to the internationally supported proposal to place Gaza under the control of the Palestinian Authority (PA)—and exposes the fatal flaws of each. He therefore tries to reframe the problem:

[M]any Arab states have failed to establish a monopoly on the use of force within their borders. Syria, Lebanon, Iraq, Yemen, Libya, and Sudan all suffer from civil wars or armed militias that do not obey the central government.

Perhaps Israel needs to get used to the idea that in the absence of an entity willing to take Gaza under its wing, chaos will prevail there. This is less terrible than people may think. Chaos would allow Israel to establish buffer zones along the Gaza border without interference. Any entity controlling Gaza would oppose such measures and would resist necessary Israeli measures to reduce terrorism. Chaos may also encourage emigration.

Israel is doomed to live with bad neighbors for the foreseeable future. There is no way to ensure zero terrorism. Israel should avoid adopting a policy of containment and should constantly “mow the grass” to minimize the chances of a major threat emerging across the border. Periodic conflicts may be necessary. If the Jews want a state in their homeland, they need to internalize that Israel will have to live by the sword for many more years.

Read more at Jerusalem Institute for Strategy and Security

More about: Gaza War 2023, Israeli-Palestinian Conflict