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A law professor worries Israel could become the next Hungary

(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.

While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.

Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”

Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities

To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”

We spoke on Friday. Our conversation has been edited for length and clarity.

Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.

Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.

A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?

Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time. 

Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)

You mean “accountability” in the sense that courts should be accountable to the public. 

Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.

And accountability in that case is too much of a good thing.

Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities. 

What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?

They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law. 

By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.

If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.

Can you give me a couple of examples? What are the high stakes in terms of democratic governance?

First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings. 

Including the prime minister, Benjamin Netanyahu.

Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.

Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.

Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.  

You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?

The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.

Certainly not if you are Israel.

Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.

In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest. 

Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.  

Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)

What does a constitutional crisis look like? 

Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?

When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?

It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.

But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.

How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?

This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries. 

How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?  

That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition. 

The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.


The post A law professor worries Israel could become the next Hungary appeared first on Jewish Telegraphic Agency.

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Iran Expands Child Soldier Recruitment, Cracks Down on Dissent Amid Escalating US-Israeli Strikes

A blaze after Israel’s Fire and Rescue Service said that an industrial building and a fuel tanker at Israel’s Oil Refineries were hit by debris from an intercepted Iranian missile, amid the US-Israel conflict with Iran, in Haifa, Israel, March 30, 2026. Photo: REUTERS/Rami Shlush

As US and Israeli strikes pound Iranian military sites, Iran is lowering the enlistment age for security roles to 12 and threating civilians with death for photographing war damage, fueling international outrage.

Last week, Iran’s Islamic Revolutionary Guard Corps (IRGC) announced a campaign recruiting children as young as 12 to serve as “Homeland Defending Combatants for Iran,” assisting with patrols, checkpoints, and logistics.

With the minimum age for war roles officially lowered to 12, human rights groups are now condemning the move, demanding that Iranian authorities immediately halt the campaign while imposing a complete ban on enlisting children under 18 in all military and paramilitary forces.

“There is no excuse for a military recruitment drive that targets children to sign up, much less 12-year-olds,” Bill Van Esveld, associate director for children’s rights at Human Rights Watch, said in a statement. “What this boils down to is that Iranian authorities are apparently willing to risk children’s lives for some extra manpower.”

“The officials involved in this reprehensible policy are putting children at risk of serious and irreversible harm and themselves at risk of criminal liability,” Van Esveld continued. “Senior leaders who fail to put a stop to this can make no claim to care for Iran’s children.”

For years, Iran has drafted children under 18 into the Basij militia, with Human Rights Watch documenting boys as young as 14 years old killed in combat, revealing a brutal pattern of exploiting children on the battlefield.

In the past, widely circulated social media images and videos have repeatedly shown children and teenagers in military-style uniforms cracking down on protests, including during the 2022 Woman, Life, Freedom uprising, which erupted nationwide after Mahsa Amini, a young Kurdish woman, died in a Tehran police station following her arrest for allegedly violating hijab rules.

Under international law, Iran’s latest initiative flagrantly violates the Convention on the Rights of the Child, which explicitly prohibits the use of children in military activities, marking a dramatic breach of its global obligations.

Human Rights Watch also uncovered multiple other war crimes, including the Iranian government’s relentless use of cluster munitions delivered by ballistic missiles at Israel since the conflict erupted last month. At least four civilians have been killed in these strikes, which constitute clear violations of international humanitarian law.

“Iran’s use of cluster munitions in populated areas in Israel pose a foreseeable and long-lasting danger to civilians,” Patrick Thompson, a researcher in HRW’s Crisis, Conflict, and Arms Division, said in a statement. “Cluster munition bomblets are dispersed over a wide area, making them unlawfully indiscriminate in violation of the laws of war.”

Fired from rockets, missiles, or aircraft, cluster munitions spread dozens of explosive bomblets across large areas, leaving many unexploded and posing a long-term, landmine-like danger to civilians for years or even decades.

Amid relentless US and Israeli attacks and mounting international pressure, the regime is also intensifying its domestic crackdown, now warning that photographing war-damaged areas could carry the death penalty.

Under this newly enacted policy, people accused of spying or cooperating with “hostile states” could face the death penalty and have all their assets confiscated.

Anyone caught photographing damaged sites could be accused of espionage, potentially providing intelligence to coalition forces, and face execution.

“People who take photos or videos of damaged sites and share them are effectively confirming whether strikes hit their targets,” Iran’s judiciary spokesperson Asghar Jahangir said on Tuesday, describing the action as the equivalent of cooperating with and providing intelligence to the enemy.

According to Iranian media and watchdog groups, more than 1,000 people have been arrested this month for filming sensitive locations, sharing anti-government content online, or allegedly “cooperating with the enemy.”

Against the backdrop of large-scale US and Israeli strikes pounding key regime strongholds in Shiraz and Isfahan — where critical military infrastructure has been repeatedly hit — tensions have surged to a boiling point as the pressure campaign intensifies

On Tuesday, the Israeli Air Force launched another sustained wave of precision airstrikes against Iranian weapons production and research facilities around Tehran, seeking to disrupt and dismantle the missile supply and manufacturing networks that support Tehran’s military arsenal.

Meanwhile, the IRGC this week threatened 18 American multinational technology and industrial companies, accusing them of involvement in “terrorist operations” and labeling them as “legitimate targets.”

“We advise the employees of these institutions to immediately distance themselves from their workplaces to preserve their lives,” the statement published on Tuesday said. “These companies should expect the destruction of their respective units in exchange for each terror act in Iran, starting from 8 PM Tehran time on Wednesday, April 1st.”

Among the companies mentioned were major corporations such as Microsoft, Google, Apple, Intel, IBM, Tesla, and Boeing.

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Jews paused Indiana’s abortion ban — by turning a religious freedom law against the evangelical right

When Elly Cohen chose to terminate her pregnancy in 2022, it aligned with her understanding of Jewish law that life begins at birth, not conception.

Cohen and her husband were eager to give their then 4-year-old daughter a sibling. But her fetus had been diagnosed with Trisomy 18, a severe chromosomal disorder that, in most cases, leads to death before birth or within the first year of life. She decided to end the pregnancy.

Had she gotten pregnant just a few months later, she might not have had that choice. She lives in Indiana, one of 13 states that enacted near-total bans on abortion following the Supreme Court’s Dobbs decision, which overturned Roe v. Wade.

Indiana’s law does allow abortion for for lethal fetal anomalies up to 22 weeks, but doctors bear legal risk in determining whether a particular diagnosis meets the statute’s definition — a gray area that can lead to delays or reluctance to provide care.

That reality stirred Cohen into action. She co-founded Hoosier Jews for Choice, a Jewish group that advocates for abortion access, which joined five anonymous women of multiple faiths in a lawsuit backed by the American Civil Liberties Union. Their argument relied on a religious freedom law — the Religious Freedom Restoration Act, or RFRA — signed by former Indiana governor Mike Pence in 2015. It was one of many such state laws passed amid calls from some evangelical Christians to establish their right not to do business that violated their beliefs, such as baking a wedding cake for a gay wedding.

Reproductive rights activists Amalia Shifriss and Elly Cohen at a rally in September 2022. Courtesy of Amalia Shifriss

Hoosier Jews for Choice saw an opening for Jews to exercise their religious freedom under the same law, but for a purpose at odds with evangelical Christianity: to gain access to abortion. Earlier this month, Judge Christina Klineman of Marion County Superior Court agreed, permanently blocking enforcement of the state’s abortion ban for plaintiffs with sincere religious objections.

Hoosier Jews for Choice is celebrating the ruling as the biggest legal win to date in support of the argument that abortion bans violate Jews’ religious freedom. The group is hopeful that similar cases can build on the Indiana case’s success nationwide.

The ruling could still be reversed: Indiana Attorney General Todd Rokita has appealed the decision, and the case is headed to the Indiana Supreme Court, where all five justices are Republican appointees. Meanwhile, Klineman, elected to the bench in 2014 after winning a Democratic primary, has faced calls for her impeachment over her decision, in what U.S. Sen. Jim Banks (R-IN) called “one of the most ridiculous rulings I’ve seen in a long time.”

But for Amalia Shifriss, who testified on behalf of Hoosier Jews for Choice in the lawsuit, the latest ruling is a positive sign that the law will be applied consistently. If religious freedom applies to Christians objecting to baking a same-sex wedding cake, she said, then it must apply to liberal Jews, too.

“RFRA should not just be for what some lawmakers see as the religious right,” Shifriss told the Forward. “It should be for all religions.”

‘Perversion of the law’s intent’

In winning the right to an abortion, Hoosier Jews for Choice relied on a law passed by Pence, who would become Donald Trump’s vice presidential running mate on the strength of his reputation as a stalwart advocate for evangelical Christians. Pence rose to national prominence based on his unwavering opposition to abortion — and his conservative leadership as Indiana governor.

Then-Gov. Mike Pence of Indiana holds a press conference on March 31, 2015, where he spoke about the Religious Freedom Restoration Act. Photo by Aaron P. Bernstein/Getty Images

Anti-abortion advocacy organizations — including Indiana Right to Life and SBA Pro-Life America — supported the law.

Back in 2015, the debate over RFRA centered on small-business owners that sought to refuse service to LGBTQ+ people. Eric Miller, a conservative activist who was in the room when Pence signed the law, wrote then that “Christian bakers, florists and photographers should not be punished for refusing to participate in a homosexual marriage!”

Massive backlash against the law — notably by the NCAA  the weekend before the Final Four basketball game was slated to occur in Indianapolis — led Pence to sign into law a clarification that businesses could not use the Religious Freedom Restoration Act to deny services to people on the basis of their sexual orientation.

But the law itself remained on the books — ripe for abortion-rights groups to wield a decade later.

Now, a little over a decade after Indiana first passed RFRA, organizations that once supported  the law’s broad application have changed their tune.

“For the court to rule that taking the life of an unborn child is an exercise of religious freedom is deeply distressing — and a perversion of the law’s intent,” Indiana Right to Life president Mike Fichter said in an online statement following Klineman’s March 5 ruling. Indiana Right to Life did not respond to the Forward’s request for comment.

That shift has been part of a larger legal trend: Conservative Christian groups like Alliance Defending Freedom have long argued that the government must have a compelling reason to force someone to act against their religious beliefs — whether mandating vaccines, serving LGBTQ clients, or covering contraception in employee health care plans.

But when it came to religious plaintiffs who support abortion access, some on the Christian right didn’t think the same expansive view of religious freedom applied.

“Indiana’s religious freedom laws were passed for the purpose of protecting religious practice, not to protect the ending of a human life,”Indiana’s religious freedom laws were passed for the purpose of protecting religious practice, not to protect the ending of a human life,” Alexander Mingus, executive director of the Indiana Catholic Conference, said in an online statement after Klineman’s ruling. “Religions that preach violence are not protected by religious freedom claims.”

Mingus did not respond to the Forward’s request for an interview.

The Becket Fund for Religious Liberty, a nonprofit that has made its name arguing religious freedom cases in front of the Supreme Court, also objected to the Jewish plaintiffs’ interpretation of RFRA. In 2014, Becket successfully argued in Burwell v. Hobby Lobby Stores, Inc. that employers could refuse to cover contraception on religious grounds. Meanwhile, in the Indiana case, Becket filed a brief questioning the sincerity of the Jewish plaintiffs’ religious beliefs.

“The case fails RFRA’s test for multiple reasons, including allowing people to join Hoosier Jews for Choice by filling out an anonymous Google form with zero requirement to actually agree with Jewish religious teachings,” Lori Windham, senior counsel for Becket, said in a statement to the Forward.

Cohen disputed that characterization. She said that all members of Hoosier Jews for Choice were required to share their name and contact information, which it did not make public in order to protect members’ confidentiality. She added that group members who joined the lawsuit were asked to indicate whether they could connect their view on the abortion ban to their Jewish values and beliefs, and the vast majority of members did.

David Schraub, an assistant professor at Lewis & Clark Law School who has written about the Indiana case, said that courts do assess whether a religious belief seems genuine. But according to Schraub, the bar for establishing sincerity is low — typically an issue only in cases clearly brought in bad faith. For instance, Schraub recalled a case in which a defendant, trying to avoid paying taxes, cycled through various legal arguments before ultimately inventing “the Church of Ayn Rand.”

The Indiana case is fundamentally different, Schraub said, given the long-standing religious grounding for more permissive Jewish views on abortion.

“They tried to argue that this was not a sincerely held religious belief, which I think was really quite disrespectful, because it flies in the face of a lot of evidence about what we know about how Jews conceptualize the relationship to reproductive freedom,” Schraub said. “They’re just not willing to accept that there is such a thing as a sincere and genuine liberal religious tradition.”

Jewish beliefs, Jewish practices

A 2014  Pew Research poll found an estimated 83% of American Jews believe that abortion should be legal in all or most cases. That’s likely because Jews across denominations largely agree that life begins at birth, not conception. Sources in the Talmud say that in the first 40 days of pregnancy, the fetus is considered “mere water.” Jews value the fetus as “potential life,” gaining the legal status of nefesh, or personhood, at birth.

Still, Jews do not have monolithic views on abortion. Orthodox groups are divided, though couples generally consult rabbis on the matter and believe the choice to get an abortion should be governed by Jewish law, not personal choice.

The Conservative movement’s Rabbinical Assembly supports the right to choose abortion in cases where “continuation of a pregnancy might cause severe physical or psychological harm, or where the fetus is judged by competent medical opinion as severely defective.”

Reform Judaism emphasizes bodily autonomy, with the view that “the decision to terminate a pregnancy is one that, in all circumstances, should ultimately be made by the individual within whose body the fetus is growing.”

Rabbi Sandy Sasso — one of three rabbis the ACLU asked to give expert testimony in the Indiana case, and the first woman ordained a rabbi in Reconstructionist Judaism — told the Forward that the diversity of opinion within Judaism underscores the argument for challenging abortion bans.

“That actually is just the point — there are different religious views,” Sasso said. “The Constitution does not allow you, since there is separation of church and state, to enshrine one religious view over the other.”

Rabbi Sandy Sasso, who testified on behalf of the Indiana plaintiffs. Courtesy of Sandy Sasso

Can religion and abortion coexist?

Shira Zemel, abortion access campaign director at the National Council of Jewish Women, is helping lead a national push to reframe “reproductive freedom as religious freedom.”

Each year since 2021, the Council has organized “Repro Shabbat,” which aligns with the Torah portion from Exodus Parashat Misphatim. The portion says that if a man pushes a pregnant woman, causing her to miscarry, he should pay a fine. But if any other damage results, the punishment should be according to the principle of “eye for an eye.” The portion is often interpreted as evidence that Judaism does not view a fetus as having the same legal status as a person.

The group has also backed that argument in court, filing a brief with 21 other organizations of faith in support of the plaintiffs challenging Indiana’s abortion ban — and hoping similar lawsuits will build on that case’s success nationwide.

The legal pathway exists in many places: 29 states have their own versions of the Religious Freedom Restoration Act, including at least 11 that severely restricted abortion after the Dobbs decision. According to Ken Falk, legal director of the ACLU of Indiana, the same legal reasoning used in Indiana could feasibly be applied in any of those states.

Some legal challenges are already underway, including in Kentucky and South Carolina, where litigation is ongoing. Others have faltered: In Missouri, a judge upheld the state’s abortion ban after a group of interfaith clergy sued on religious grounds. In Florida, a Jewish-led challenge to a ban after six weeks of pregnancy fizzled out after Rabbi Barry Silver, who brought the case on behalf of his synagogue, died of colon cancer in 2024.

Zemel said she hopes the Indiana case can serve as not only a legal blueprint, but also as a sign of a broader cultural shift in how religion is understood in the abortion debate.

“It’s incredible to me to see how this legal argument is bolstering what I like to think is a huge narrative shift,” Zemel said. “For far too long, it’s been weaponized that religion and abortion can’t coexist, but we know that that’s not the case.”

 

The post Jews paused Indiana’s abortion ban — by turning a religious freedom law against the evangelical right appeared first on The Forward.

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Syria Will Stay Out of Iran conflict Unless It Faces Aggression, President Says

Syrian President Ahmed al-Sharaa attends the Ministry of Awqaf conference titled “Unity of Islamic Discourse” at the Conference Palace in Damascus, Syria, Feb. 16, 2026. Photo: REUTERS/Khalil Ashawi

Syrian President Ahmed al-Sharaa said on Tuesday that his country will stay out of the US-Israeli war against Iran unless Syria is subject to aggression and has no diplomatic solutions.

Unless Syria is targeted by any party, Syria will remain outside any conflict,” the Syrian president said at an event hosted by think tank Chatham House in London.

“We do not want Syria to be an arena of war. But unfortunately, today, things are not governed by wise minds. The situation is volatile and random,” the president said.

The month-long conflict has spread across the region, killing thousands, disrupting energy supplies, and threatening to send the global economy into a tailspin.

“We want Syria to have ideal relationships with the entire region, with Lebanon, Iraq, Turkey, Saudi Arabia, and world powers like the UK, France, Germany, and the US. I think that Syria is qualified to start a strategic relationship network,” he said, responding to a question on whether Syria would stay neutral while the conflict goes on.

Syria has been keen to stay on the sidelines of the regional conflict that has pulled in neighboring countries, including Lebanon, where armed group Hezbollah is locked in fighting with Israeli ground troops, and Iraq, where Iran-aligned factions have launched drone and rocket attacks.

Syria sent thousands of troops to its ‌western border with Lebanon and its eastern border with Iraq earlier this month. Syria‘s defense ministry said the deployment was part of efforts to “protect and control the borders amid the escalating regional conflict.”

“We had enough war. We paid a large bill. We are not ready for another war experience,” Syria‘s president said.

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