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An Orthodox woman says she is no longer welcome to pray at a New York synagogue because she is trans
(JTA) — When Talia Avrahami was asked to resign from a job teaching in an Orthodox Jewish day school after people there found out she was transgender, she was devastated. But she hoped to be able to turn to her synagogue in Washington Heights, where she had found a home for the last year and a half.
The Shenk Shul is housed at Yeshiva University, the Modern Orthodox flagship in New York City that was locked in battle with students over whether they could form an LBGTQ club. Still, Avrahami had found the previous rabbi to be supportive, and the past president was an ally and a personal friend. What’s more, Avrahami had just helped hire a new rabbi who had promised to handle sensitive topics carefully and with concern for all involved.
So Avrahami was shocked when her outreach to the new rabbi led to her exclusion from the synagogue, with the top Jewish legal authority at Yeshiva University personally telling her that she could no longer pray there.
“Not only were we members, we were very active members,” Avrahami told the Jewish Telegraphic Agency. “We hosted and sponsored kiddushes all the time. We had mazel tovs, [the birth of] our baby [was] posted in the newsletter, we helped run shul events. We were very close with the previous rabbi and rebbetzin and we were close with the current rabbi and rebbetzin.”
Avrahami’s quest to remain a part of the Shenk Shul, which unfolded over the past two months and culminated last week with her successful request for refunded dues, comes at a time of intense tension over the place of LGBTQ people in Modern Orthodox Jewish spaces.
Administrators at Shenk and Y.U. said they are trying to balance Orthodox interpretations of Jewish law, or halacha, and contemporary ideas around inclusion — two values that have sharply collided in Avrahami’s case.
Emails and text messages obtained by JTA show that many people involved in Avrahami’s situation expressed deep pain over her eventual exclusion. They also show that, despite a range of interpretations of Jewish law on LGBTQ issues present even within Modern Orthodoxy, the conclusions of Yeshiva University’s top Jewish legal authority, Rabbi Hershel Schachter, continue to drive practices within the university’s broader community.
“I completely understand (and am certainly perturbed by) the difficulty of the situation. Nobody wants to, chas v’shalom [God forbid], oust anybody, especially somebody who has been an active part of this community,” the synagogue’s president, Shimon Liebling, wrote in a Nov. 17 text message to his predecessor. But, he continued, “When it came down to it, the halachah stated this outcome. As much as we laud ourselves as a welcoming community, halachah cannot be compromised.”
Liebling went on, using the term for a rabbinic decision and referring to a ruling he said the synagogue rabbi had obtained from Schachter: “A psak is a psak.”
The saga began this fall, several weeks after Avrahami lost her short-lived job as an eighth-grade social studies teacher at Magen David Yeshivah in Brooklyn, which she had obtained after earning a master’s degree at Yeshiva University. She had been outed after a video of her in the classroom taken during parent night began circulating on social media.
Around the High Holidays, when Orthodox Jews spend many days in their synagogues, Avrahami learned that people within the Shenk Shul community were talking about her, some complaining about her presence. As she always had, she had spent the holidays praying in the women’s section of the gender-segregated congregation.
Concerned, Avrahami reached out to the new rabbi, Shai Kaminetzky. He confirmed the complaints and told her he wanted further guidance from a more senior rabbi to deal with the complex legal issue before him: Where is a trans woman’s place in the Orthodox synagogue?
For Avrahami and some others who identify as Modern Orthodox, this question has already been resolved. They heed the rulings of the late Rabbi Eliezer Waldenberg, known as the “Tzitz Eliezer,” an Orthodox legal scholar who died in 2006. He ruled that a trans woman who undergoes gender confirmation surgery is a woman according to Jewish law.
But Waldenberg’s determination is not universally held among Orthodox Jews — and one prominent rabbi who does not accept it is Hershel Schachter. In a 2017 Q&A, Schachter derided trans issues, saying about one trans Jew, “Why did he decide that God made a mistake? He looked so much better as a man than as a woman.” He also suggested that a trans person asking whether to sit in the men’s or women’s section should instead consider attending a Conservative or Reform synagogue, where worshippers are not separated by gender.
“We know we’d have no problem if we were at a Reform or Conservative synagogue when it comes to the acceptance issue. The thing is, that’s not the only thing in our life,” Bradley Avrahami told JTA.
The couple became religiously observant after spending time in Israel and the two now identify as Modern Orthodox. They were married by an Orthodox rabbi in 2018, and when they had their baby via surrogate in 2021, it was important to them that the infant go through a Jewish court to formally convert to Judaism. Avrahami seeks to fulfill the Jewish legal and cultural expectations of Orthodox women, wearing a wig and modest skirts. The pair both adhere to strict Shabbat and kashrut observance laws.
“We didn’t want to be the only family that kept kosher at the synagogue, we didn’t want to be the only family that is shomer Shabbat and shomer chag,” Bradley Avrahami added, referring to strict observance of the Sabbath and holiday restrictions. “It kind of becomes isolating.”
Kaminetzky kept both Talia Avrahami and Eitan Novick, the past president, in the loop about his research, in which he consulted with Schachter. It was a natural place for him to turn: He had studied at Yeshiva University’s Rabbi Isaac Elchanan Theological Seminary and learned from Schachter there. And while the Shenk Shul includes members not affiliated with Yeshiva University, it is closely entwined with Y.U., occupying space in a university building and hiring rabbis only from a list of options presented by the university.
After speaking with Schachter, Kaminetzky reached a conclusion, according to messages characterizing it by Liebling, the synagogue president.
“He made an halachic decision that Talia isn’t able to sit in the women’s section for the time being,” Liebling wrote Nov. 17 in a message to his predecessor as president, Eitan Novick. But Liebling left the door open for change, writing, “All in all, the ‘official shul policy’ is still being decided.”
He said Kaminetzky had spoken extensively the previous evening with the Avrahamis and had been determined to share his judgment in a way that was respectful “despite the difficult-to hear halachic conclusion.”
Liebling added a parenthetical: “I honestly can’t imagine how difficult it is for them. If I were told I couldn’t sit in the men’s section, I’d be beyond heartbroken and likewise feel displaced.”
Talia Avrahami did indeed feel heartbroken. She told Kaminetzky and others that she felt like she wanted to die, alarming her friends and prompting some of them to reach out to the rabbi. “The concern about Talia’s well-being is likewise the #1 — and only — factor on my mind right now,” Kaminetzky told one of them that night.
The Avrahamis stopped attending the Shenk Shul, but they held out hope for Kaminetzky to change his mind, or for the synagogue to set a firm policy that would permit her participation. Over the next six weeks, though, they heard nothing — a situation that so disappointed Novick that he and his wife also stopped attending. (Kaminetzky’s third child was born during this time.)
“We really feel like this is a pretty significant deviation from the community that we have been a part of for 11 years, which has always been a very accepting place,” Novick said. “This is just not the community that I feel comfortable being a part of if these are the decisions that are being made. It’s not just about the Avrahamis.”
While Avrahami waited for more information, Yeshiva University and Schachter were already in the process of rolling out what they saw as a compromise in a different conflagration over LGBTQ inclusion at the school. Arguing that homosexuality is incompatible with the school’s religious values, Yeshiva University has been fighting not to have to recognize an LGBTQ student group, the YU Pride Alliance, and has even asked the Supreme Court to weigh in after judges in New York ruled against the university. This fall, the school announced that it would launch a separate club endorsed by Schachter, claiming it would represent LGBTQ students “under traditional Orthodox auspices.” (The YU Pride Alliance called the new club “a desperate stunt” by the university.)
Multiple people encouraged Avrahami to make her case directly to Schachter. When she headed to a meeting with the rabbi on Jan. 1, she hoped that putting a face to her name and explaining her situation, including that she had undergone a full medical transition, might widen his thinking about LGBTQ inclusion in Orthodoxy.
The meeting lasted just 15 minutes. And according to Avrahami, who said Schachter told her she was the first trans person he had ever met, it didn’t go well.
In an email to another rabbi who attended the meeting, Menachem Penner, Avrahami said Schachter had called her “unOrthodox” and accused him of “bullying Rabbi Shai Kaminetzky into accepting bigoted psaks.”
Penner, the dean of Yeshiva’s rabbinical school, characterized the conversation differently.
“Rabbi Schachter rules that it is prohibited to undergo transgender surgery and does not accept the opinion of the Tzitz Eliezer post-facto,” he wrote in an email response that day in which he denied that Kaminetzky had been pressured to follow Schachter’s opinion.
“That’s simply a halachic opinion that many hold,” Penner wrote. “He did not call you ‘unorthodox’ — you come across as very sincere in your Judaism and he wished you hatzlacha [success] — but simply said that the surgery was unorthodox, meaning it was not something that is accepted by what he feels is Orthodox Judaism.”
The meeting so angered Avrahami that she asked Liebling to refund her Shenk Shul dues that day, saying that Kaminetzky had kicked her out of the congregation.
“Of course! I’ll send back the money ASAP!” Liebling responded. “I’m so sorry how things are ending up.”
Yeshiva University and Schachter, through a representative, declined to comment, referring questions directly to the Shenk Shul. Kaminetzky directed requests for comment to a representative for the Shenk Shul.
“We have had several conversations with the Avrahamis and we understand their concerns,” the Shenk Shul said in a statement. “It’s important to emphasize that the Avrahamis were not asked to leave the congregation.”
That response doesn’t sit right with Novick, who said blocking Talia Avrahami from praying on both the men’s and women’s sides of the synagogue was tantamount to ejecting her.
“They seem to be trying to have their cake and eat it, too,” he said of the synagogue’s leadership. “They may not be wrong in saying they didn’t tell Talia she was ‘kicked out’ of Shenk, but they’ve created a rule that makes it impossible for her to be a full participant in our community.”
Bradley Avrahami argued that the rabbis who ruled on his wife’s case were short-sighted, giving too little weight to the fact that Jewish law requires Jews to violate other rules in order to save a life. Referring to that principle and pointing to the fact that transgender people are at increased risk of suicide, he said, “It was pikuach nefesh for the person to have the surgery.” His brother, he noted, survived two suicide attempts after coming out as trans.
“They really just don’t understand the harm that they caused when they make these decisions and put out these opinions,” Bradley Avrahami said. “A rabbi should not take a position knowing that that position will cause someone to want to harm themselves.”
Bradley Avrahami said he has received several harassing calls to his work number at Yeshiva University’s Azrieli Graduate School, where he is liaison for student enrollment and communications and taught Hebrew in the fall 2022 semester. Talia Avrahami, meanwhile, has struggled to find a job to replace the one she left under pressure in September, although she recently announced that she had landed a temporary position.
For now, they are attending another synagogue in Washington Heights, though Talia says she and her husband would consider returning to Shenk Shul if she were invited back and permitted to participate.
So far, there are no signs of that happening. On Jan. 1, after her meeting with Schachter, Talia sent a WhatsApp message to Kaminetzky.
“We elected you because you said you would stand up for LGBT people, not kick us out of shul,” she wrote.
The message went unanswered.
—
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Jewish and Muslim leaders avoided the hardest interfaith topic for years, and now face a ‘massive fault line’
It’s been a quarter century since a wave of distrust and violence against Muslims swept across America in the wake of the Sept. 11, 2001 terror attacks. But in some pockets of New York City and across the U.S., Jewish neighbors extended a hand of friendship and an interfaith movement was reborn.
Dialogues turned into dinners. Dinners spawned theatrical collaborations. Collaborations turned out volunteers to feed the homeless and sent interfaith teams to Capitol Hill.
Still, as the Palestinian uprising known as the Second Intifada continued to unfold in the Middle East, even the most promising partnerships avoided the Israeli-Palestinian conflict.
“We deliberately parked it on the side,” said Daisy Khan, the former executive director of American Society for Muslim Advancement and founder of the Women’s Islamic Initiative. “We called it the elephant in the room that none of us could handle.”
Now, 25 years after the terrorist attacks that inspired a movement, leaders realize that silence was a critical mistake.
As this year’s Jewish High Holidays, a time of remembrance and repentance, begin at sundown on the 25th anniversary of the Sept. 11 attacks, American Jewish leaders are reflecting on mistakes made and words they wish they could take back, confronting rising antisemitism, and along with their longtime Muslim partners, asking: Where do we go from here?
“Rosh Hashanah is known as Yom Hazikaron, the day of remembrance,” said Rabbi Joshua Davidson of Manhattan’s Temple Emanu-El, adding that remembrance usually refers to the hope that God will remember the covenant with the Jewish people. “When you talk about a day of remembrance, you also talk about the experiences that have shaped us into who we are. 9/11 certainly is an experience that has shaped us into who we are. Anyone who lived in New York is forever changed by that day.”
Interfaith bridge-building
On Sept. 11, 2001, Davidson was a young associate rabbi at another Manhattan institution, Central Synagogue. Feeling otherwise helpless that morning as the towers fell, he headed straight to the nearby mosque on 55th Street to assure his Muslim neighbors that they would not be judged by the actions of the terrorists – his instinct born from years of interfaith dialogue already underway.
The same instinct led President George W. Bush to the Islamic Center of Washington D.C., a week later to proclaim, “Islam is peace.” But that perspective did not prevail in all corners.
Prominent evangelical figures condemned Islam as “evil and wicked.” Mosques were set ablaze, and the Justice Department in the three months after the attacks labeled nine murders as “possible hate crimes.” Despite the community’s fear, the term “Islamophobia” was not widely embraced, as if it was a product of Muslims’ imaginations.
“So many American Muslims were experiencing the anxiety that President Bush recognized right away,” Davidson told the Forward. “So 9/11 crystallized for many the importance of the work of interfaith bridge building … We can learn from one another. When the world becomes complicated and your own community is in jeopardy or is being targeted, you realize how valuable it is to have those friendships.”
Those existing friendships and the ground rules that had sustained them laid the foundation for the aftermath of Sept. 11 and propelled many individuals and groups working behind the scenes to publicly counter what seemed to be an anti-Muslim zeitgeist. While the previous approach to interfaith work had been intimate Shabbat dinners, Ramadan iftars, and discussion groups, the new approach involved rallies, live performances and large-scale programs.
On the morning of Sept. 12, Israeli cellist Udi Bar-David called someone with whom he had collaborated a few times – Majid Alsayegh, an Iraqi-born Muslim engineer and architect in Philadelphia. Determined to offer a constructive response, they formed a team and in Spring 2002 launched a nonprofit for creative intercultural exchanges.
“Because of the tensions of Muslim and Jewish, Arabic and Jewish communities, because of the violence, we felt we needed to speak up and do more,” Alsayegh told the Forward, “to help them understand that dialogue in many forms, including music, is much more powerful than shooting each other.”
Seeking to help audiences listen with less anger, more empathy, artists from B’nai Jeshurun, a synagogue on New York’s Upper West Side, teamed up with Methodists and Muslims to present hard truths gathered from more than 100 New Yorkers. The project titled “Same Difference” later became a documentary.
In the years that followed, connections became more purposeful and direct. In 2008, Rabbi Marc Schneier’s Foundation for Ethnic Understanding launched an annual Weekend of Twinning, which paired scores of synagogues and mosques to explore the parallels and similarities within their traditions. It also enabled them to compare notes about the discrimination each faced as religious minorities and band together to fight the hatred that targeted both.
Khan cherishes the time she spent in synagogues and the friendships she formed there.
“We had such deep ties and such deep relations we weren’t afraid to go to bat for one another,” Khan said. “I think those relationships have even served us to this day.”
‘A massive fault line’
Still, cracks began to show. In 2010, Khan and her husband at the time, Imam Feisal Abdul Rauf, proposed Cordoba House, a mosque and community center in Lower Manhattan. Modeled after JCCs across the country and named for a city in Spain that once had been a center of peaceful coexistence, the proposed facility would offer prayer space, a wedding venue and a swimming pool.
Opponents focused on the location: two blocks from Ground Zero. Many Jewish leaders endorsed the project. Abe Foxman, longtime leader of the Anti-Defamation League, did not.
“We believe that in this place of tragedy and pain and anguish … if you want to heal, the best way to heal is not to do it in your face.”
Foxman, who died in May, never apologized for his remarks, but his successor Jonathan Greenblatt later acknowledged “we were wrong, plain and simple.”
In 2011, when U.S. Congressman Peter King of New York, then-chairman of the Homeland Security Committee, held hearings on Capitol Hill denouncing the radicalization inside American mosques, Jewish friends showed their support by helping to organize a “Today, I am Muslim too” rally in Times Square.
Those shows of solidarity grew throughout the years. Jewish partners joined crowds at airports to protest the Trump administration’s executive order on immigration. Congregations helped each other pick up the pieces when their houses of worship or sacred sites came under assault. But the tougher conversation, probing where people stood on the Middle East conflict and why, remained largely untouched.
As anyone in interfaith relations or diplomacy of any kind will tell you, constructive conversations are best had before there’s a crisis. That crisis arrived on Oct. 7, 2023, when Hamas attacked Israel, murdering more than 1,200 and taking 250 hostages. The war that followed in Gaza sparked virulent protests on college campuses and in public squares and a spike in antisemitic incidents. It also created a chasm of grief too deep and wide for many partnerships to survive.
“When Gaza happened, it created a massive fault line,” Khan said. “For Jews it reinforced existential fears about Jewish safety. For the Palestinians: ‘It’s our existential thing too. We feel we’re getting wiped out.’”
But because many conversation partners had for years avoided the hardest topic of all, they missed the opportunity to feel the emotional weight carried on both sides and hold that tension. When the grief, trauma and fear of Oct. 7 was thrust upon them, leaders could not adequately navigate the emotional landscape to offer moral clarity or comfort, Khan said.
“We could have called for calm,” she said. “We could’ve said that human loss is terrible. We could’ve said a lot of things that calmed people down. None of that happened. It became very tribal.”
Laboratory phase
Dr. Ari Gordon, director of Muslim Jewish Relations for American Jewish Committee, said while some Muslim partners have walked away from their joint advocacy work, some have stayed in touch. Khan and Alsayegh remain committed and hold out hope that their Muslim peers will return and give it another try.
“Everyone in this space has had the hits they’ve taken after Oct. 7,” Gordon said. “Relationships are a long-term investment. They can take dips and turns, peaks and valleys. On a personal level, as a friend, you have the right to say I want to engage with a person. I don’t want to. As a Jewish community we have a responsibility to keep our doors open.”
But it’s also important to keep the trajectory and time frame in perspective. The transformation of Christian-Jewish relations offers a lesson in that regard.
“The idea that a relationship can be beset by conflict and challenges for centuries and undergo transformation,” he said, “is one that I carry in my mind all the time.”
Gordon calls the past 25 years a “laboratory phase of Muslim-Jewish relations.” The Shabbat dinners, iftars, dialogue groups, coalitions, concerts – they all have fortified a connective tissue between American Muslims and Jews that did not exist 25 years ago.
“That trust may not have been sufficient to meet the stress test of October 7 and the continued war but it was definitely there and it didn’t go away,” he said. “After October 7 we entered a new phase and it’s one where we’re not going to go back to the way it used to be, but build something new.”
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Documentary alleging Israel committed wanton killing in Gaza gets standing ovation in Venice
(JTA) — TEL AVIV – A documentary presenting testimony from Israeli soldiers and intelligence officers who say the IDF knowingly killed large numbers of civilians during its campaign in Gaza got a 25-minute standing ovation Thursday at the Venice Film Festival.
“NAZA,” directed by Israeli filmmakers Yuval Abraham and Rachel Szor, is based on interviews conducted over three years with 24 Israeli soldiers who said they were involved in Israel’s military campaign in Gaza, most of them intelligence officers whose work was carried out remotely. The soldiers describe surveillance, target selection and decisions about strikes in which civilians were expected to be killed. Their identities are concealed in the film.
The Israeli army has rejected the claims in the film, saying it rips out of context conventional military considerations about the utility of hitting a target versus the collateral damage that might ensue.
Shot at night on rooftops in Tel Aviv, the 80-minute documentary takes its name from the Hebrew military acronym for “collateral damage,” referring to civilians expected to be killed in an attack on a military target.
Abraham and Szor, whose previous film about Israel’s West Bank occupation, “No Other Land,” spurred controversy as well, wrote in the left-wing Israeli publication +972 on Thursday that NAZA focuses on what they describe as a military system in which anticipated civilian deaths were calculated in advance rather than being unintended consequences of strikes. In their account, one intelligence officer describes knowingly authorizing strikes on homes occupied by families, telling the filmmakers, “You understand that the objective is to destroy.”
The Israel Defense Forces has denied the central allegation underlying the documentary: that it has deliberately killed civilians as a matter of policy.
Responding to his 2024 investigation into the military’s use of an AI-powered database, known as Lavender, that generates potential targets for attacks, the IDF in April of that year said Hamas embeds its operatives and military assets among civilians, while Israel directs its attacks at military targets and operatives and conducts strikes under the rules of war that include proportionality and taking precautions to avoid civilian deaths.
The IDF said every target requires an assessment of the expected military advantage and likely collateral damage, and that the military does not carry out a strike when the anticipated civilian harm would be excessive in relation to the military advantage. The IDF also said intelligence systems described in the film are tools for analysts rather than autonomous target-selection systems and that targets require independent human review before any action is taken. “The IDF outright rejects the claim regarding any policy to kill tens of thousands of people in their homes,” the military said in a statement carried by The Guardian.
“We made this film for one simple reason,” the directors wrote in +972. “We understood that testimonies from officers and soldiers in the army that annihilated Gaza — those who conducted the surveillance, who calculated how many innocent people were likely to be killed in each house, and who repeatedly gave the green light to bomb entire families — would make it even harder to deny the crimes.”
The filmmakers said some of the soldiers’ accounts were so urgent that they published them before completing the documentary in a series of investigations for +972, its Hebrew-language sister site Local Call and The Guardian. The Guardian also produced NAZA with James Wilson, while Jonathan Glazer, the director of the Oscar-winning movie about Nazi-era complicitness, “The Zone of Interest,” served as an executive producer. Glazer’s remarks in his speech in the 2024 Oscars linking his film’s thesis to Israel’s conduct in Gaza spurred a backlash.
In a statement published by the Venice Film Festival, Abraham and Szor said the documentary allowed them to examine “not only the words being said but also those that are not said, the silence.” The filmmakers said the documentary was intended not only for international audiences but “inward, toward Israeli society.”
“NAZA” is the only documentary among the 21 films competing for the Golden Lion at Venice this year. One of the seven jurors deciding the festival’s main prizes is Tunisian filmmaker Kaouther Ben Hania, whose Gaza film “The Voice of Hind Rajab” won the Silver Lion Grand Jury Prize last year. The film, about a young Palestinian girl killed during the war, received what was then a record 23-minute standing ovation at its premiere. Israel has said it is investigating the circumstances of Rajab’s killing.
Haggai Matar, executive director of +972 Magazine and co-director of Local Call, wrote on X ahead of the premiere that the soldiers’ testimonies were ones “every Israeli must hear.” His post drew angry responses from some Israeli users.
One X user, who said he had fought in Gaza, Lebanon and Syria, wrote that there “was never a situation in which entire families were killed intentionally” and accused Matar of “slandering hundreds of thousands of fighters” who had risked their lives to minimize harm to noncombatants. Another accused those promoting the film of joining those who “slander Israel around the world,” adding: “Shame.”
“NAZA” reunites Abraham and Szor after “No Other Land,” which they made with Palestinian filmmakers Basel Adra and Hamdan Ballal and which won the Academy Award for best documentary feature in 2025. Adra and Ballal said they were blacklisted and barred from entering Israel while making that film, so the four filmmakers carried out their joint editing in Masafer Yatta, a cluster of villages in the West Bank.
This article originally appeared on JTA.org.
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A case pitting Indiana Jews against an abortion ban heads back to court
(JTA) — A landmark legal battle to determine whether Jewish women have a religious right to an abortion entered a critical new stage in Indiana.
The state Supreme Court heard oral arguments on Thursday in a case that began with a local Jewish group’s 2022 religious freedom challenge to Indiana’s near-total abortion ban. The state is appealing a permanent blocking of the ban that a lower court imposed in March.
The arguments, held in Indianapolis, explored a legal theory that the state’s abortion ban impedes Jews’ religious freedom because many interpretations of Jewish law prioritize the life of the mother over that of the fetus.
The case, one of the recent major challenges based on Jewish law to an abortion ban, could carry significant ramifications for how the American legal system weighs Jewish religious rights against conservative Christian doctrine, which strongly opposes abortion.
Indiana was one of several states to pass severe abortion restrictions following the 2022 U.S. Supreme Court ruling overturning its 1972 Roe v. Wade decision guaranteeing the right to an abortion. Separately, Christian groups and businesses have prevailed in national religious freedom cases determining whether they can be compelled to pay for contraception that can be used to perform abortions, arguing doing so violates their religious views.

But Kenneth Falk, legal director of the American Civil Liberties Union of Indiana, argued before the court Thursday that it was the abortion bans that curtailed the free exercise of religion. “Under Jewish law, the human life does not begin until the first breath,” said Falk, who argued the case on behalf of Hoosier Jews for Choice, a group formed explicitly to challenge the state’s abortion law, as well as two anonymous plaintiffs. While liberal Jewish denominations are generally permissive of abortion, Orthodox scholars offer more mixed interpretations.
In response to a question by Chief Justice Loretta Rush about what the state should do “further along in a pregnancy,” Falk said, “I don’t think anyone is going to be advocating for abortions of a viable fetus.”
In his arguments, Falk compared the Jewish women’s standing to what he called “secular” exceptions to the abortion ban in cases of rape or incest.
“What is the reason for allowing these secular exceptions, but not a religious exception?” Falk asked the justices. He also referred to permitted religious exceptions to healthcare laws in other cases, including vaccine mandates.
In March, a judge in the Marion County Superior Court ruled in favor of Hoosier Jews for Choice, permanently blocking the state’s near-total abortion ban in cases where it would “substantially burden their religious exercise.”
That ruling prompted the appeal from the state now under consideration, as well as conservative backlash, with Republican Indiana Sen. Jim Banks calling for the judge’s impeachment.
“Our nation’s long tradition of respect for religious exercise has never been understood to encompass a right to intentionally destroy human life, any more than a right to abusively punish children,” Indiana Solicitor General James Barta argued before the state Supreme Court on Thursday.
Barta otherwise largely sidestepped the Jewish group’s religious arguments in his own presentation. Instead he insisted that the plaintiffs did not have proper standing because they were not actively seeking abortions themselves, though one is hoping to get pregnant but worried about getting proper care if an abortion were required.
Their case, Barta insisted, was “purely hypothetical.”
A similar argument briefly prevailed in Kentucky in 2024, when a judge threw out a religious freedom lawsuit brought by three Jewish mothers against that state’s abortion law. The plaintiffs, the judge said in that case, lacked standing because none of them were currently pregnant. One of the plaintiffs, who was considering a pregnancy via in vitro fertilization, was allowed to appeal the case, which resulted in a partial victory this May when a judge struck down part of Kentucky’s abortion ban — related to a definition of when human life begins — as unconstitutional.
Many mainstream and progressive-leaning Jewish organizations, including the National Council of Jewish Women, the Anti-Defamation League and representatives of the Reform, Conservative and Reconstructionist movements, are supporting Hoosier Jews for Choice and have signed onto briefs on the group’s behalf in court.
In a statement to the Jewish Telegraphic Agency, the NCJW noted that questioning from the justices Thursday “appeared to focus on more procedural matters,” rather than “the merits of the case.” Yet Darcy Hirsh, the group’s vice president of government relations and advocacy, said she was “hopeful” the court would rule in the Jewish groups’ favor.
“No individual should be forced to abandon their religious beliefs in order to comply with a narrow, Christian belief of when life begins,” Hirsh said.
A representative for the state of Indiana did not return a JTA request for comment following the oral arguments.
There are also Jews on the other side of the debate. The Jewish Coalition for Religious Liberty, a legal advocacy group, has filed amicus briefs in support of the state.
“From a theological perspective, it’s hard to say what is the single Jewish teaching on abortion,” Josh Blackman, an attorney with the coalition and professor at the South Texas College of Law, told JTA following the oral arguments.
Blackman added that, of all major religions, Judaism has “the strongest basis for the right to terminate a pregnancy.” But, he said, Jewish groups should be mindful of advocating for a system “where Jews in Indiana can have an abortion but Catholics cannot.”
“At a time when there’s growing hostility between people on the right and Jews, I”m not sure this is the best use of Jewish resources,” Blackman said. “This could actually backfire in significant ways.”
There is no timeline for when the state Supreme Court might issue a decision on the case.
This article originally appeared on JTA.org.
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