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A legal scholar sizes up the religious argument against abortion bans

(JTA) — The abortion debate is often portrayed as a clash between religious beliefs on the pro-life side and secular or humanist convictions on the pro-choice side. Indeed, lawmakers and activists have often invoked God in enacting state bans on abortion since the Supreme Court, in last year’s Dobbs decision, struck down a woman’s right to terminate her pregnancy.
Some clergy and faith groups, however, including a number of Jews, are pushing back. In efforts to overturn these restrictions, they have been pressing a legal strategy claiming that abortion bans violate their religious liberty. In Kentucky, a case brought by three Jewish women argues that the state’s near-total abortion ban violates their religious beliefs about when life begins and protecting a mother’s life. In Indiana, a suit brought by Hoosier Jews for Choice and four women who represent a variety of faiths demands exemptions from the state’s abortion ban for people whose religions support abortion rights.
In Florida, a synagogue filed a lawsuit saying the state’s abortion restrictions violate the religious freedom rights of Jews.
“Judaism has never defined life beginning at conception,” the Kentucky suit says, adding that “millennia of commentary from Jewish scholars has reaffirmed Judaism’s commitment to reproductive rights.”
Although Orthodox organizations support restrictions that allow abortion only under rare circumstances, most American Jews and their representative organizations back wide abortion access.
To understand the legal strategy behind these state-level religious challenges to abortion bans, JTA spoke Friday with Elizabeth Reiner Platt, the director of the Law, Rights, and Religion Project at Columbia Law School. Last year, the center published “A Religious Right to Abortion: History & Analysis,” a memo intended for lawyers, activists, faith leaders and journalists.
Platt spoke about what Politico recently called “the sleeper legal strategy that could topple abortion bans,” two recent Supreme Court cases on religion and how the conservative court is approaching religion in general.
Our conversation was edited for length and clarity.
Last August you released a report analyzing how religion law might apply in legal challenges to abortion bans. Can you summarize the strategy?
I always like to start by saying that the idea that religious liberty includes a right to make decisions about one’s reproductive health care is not just a legal strategy that folks came up with in response to Dobbs. It is how religious groups themselves have been talking about their understanding of reproductive rights for a very long time. I have a handy list of denominational statements from a range of different traditions, including some Jewish groups, as well as Lutheran, Presbyterian and Unitarian Universalist back from the ’80s and ’90s saying reproductive rights are a religious liberty issue for them and for their congregations.
One of the most valuable things in that report is the case index that shows cases going back from the ’70s, the pre-Roe era, that make this legal claim where people of faith have said, “Our religious beliefs motivate us to help people access reproductive health care.” The report essentially lays out the different kinds of legal arguments to be made for a religious liberty right to provide access or facilitate abortion care. And we’re now seeing that happen and a handful of lawsuits across the country including Kentucky, Florida, Missouri, Indiana and Idaho. Several of those cases include Jewish plaintiffs [including Missouri, where five rabbis from multiple Jewish denominations are among more than a dozen Missouri faith leaders challenging the state’s ban on abortion]. There’s a very interesting lawsuit in Kentucky right now involving three Jewish women who actually focus on their religious obligation to have children using in vitro fertilization. And so their complaint overlays on both the state constitution as well as the state Religious Freedom Restoration Act, and says that they have a religious right to seek IVF care, but also because of their age and other factors they have a higher risk of pregnancy complications, and so they’re including as part of that complaint right to access abortion care in accordance with their religious beliefs.
How does the IVF relate to abortion in this sense? Are they arguing that abortion is similarly included in a full range of gynecological and obstetric care?
Basically, they make the case that they want access to IVF but also that some of the claimants in the past have had really serious fetal anomalies and believe that the religiously motivated decision for them at that time was to seek abortion care.
Members of Jews For Racial and Economic Justice and IfNotNow hold signs that say “Baruch Hashem [Bless God] For Abortion” at a rally at New York City Foley Square, May 2, 2023. (Jacob Henry)
Have there been rulings over the years that accept the right to abortion as a question of religious liberty?
I’ll start by saying they’re kind of two basic ways a claim can be made.There are concrete Free Exercise Clause claims that essentially say, “My religious beliefs motivate me to seek this care to make this decision. And abortion bans therefore stifle my religious practice.” And that kind of claim would typically result not in overturning an abortion ban, but in providing a religious exemption for the claimant. The other way to make a religion claim is to say, “This abortion ban is actually religiously motivated and improperly enshrines one particular religious view into law, and it’s therefore a violation of a federal or state Establishment Clause provision.” And that kind of challenge would, if successful, overturn the law completely for everybody.
There is not a lot of case law on the former. There have been many challenges, but they’ve almost all been dismissed on things like standing or mootness — technical, legal things. The big exception is right now: There is a case being brought by the ACLU of Indiana that relies on that state’s Religious Freedom Restoration Act, which was a very contentious law passed several years ago by then Gov. Mike Pence. That case did, at the trial court level, succeed in granting religious exemption to the claimants [which remains in effect even as the Indiana Supreme Court allowed the state’s total abortion ban to take effect Aug. 1]. That’s the first major decision that we’ve seen post-Dobbs.
Is it fair to say that the same law that ostensibly would have protected conservative religious behavior is being deployed from a progressive standpoint?
That is certainly how it gets framed a lot. But these laws should ideally always be applied neutrally, across the denominational and the political spectrum, and have long been used by people of all different faiths and denominations. I deeply do not think that this is some sort of clever legal tactic. We’re seeing, in the wake of Dobbs, ideas and language that have been promoted by religious groups for many, many, many years.
In the current political climate, do you think courts are inclined to accept the right to abortion as a question of religious liberty?
I think there’s definitely an appetite for these arguments. There was a really interesting lower court decision in Kentucky a while back, when a judge ruled that the state’s abortion ban violated religious liberty — without that argument even having been made by either party, which is extremely unusual. I think [that] really shows that there is an appetite for these claims. It’s important to say that almost all of these claims are being brought in state court. Most litigators are bringing cases that would not end up in the U.S. Supreme Court. I’m not Pollyannaish about the fact that we have very conservative state judiciaries and a lot of these states are very opposed to abortion, but I think the legal claims themselves based on doctrine should be very strong.
An argument I’ve heard in the Jewish community is that because some of the Jewish plaintiffs pressing religious freedom arguments aren’t Orthodox or traditionally observant Jews — in other words, because they do not act according to traditional Jewish law in other aspects of their life — they shouldn’t be making religious claims in this one area of reproductive rights. Do the courts take into consideration the extent of perceived sincerity or consistency of a party’s beliefs and actions when they review these cases?
Courts can absolutely look at religious sincerity, but I also think it’s outrageous to say that “only Orthodox Jews are sincere.” You know the old saw: two Jews, three opinions. What matters is not getting an Orthodox rabbi in the stand to give expert advice on the Talmud. What matters is the plaintiffs’ own understanding of their Judaism and what it looks like in practice. People can be very sincere about how they practice their Judaism without necessarily being glatt kosher or what have you. Courts tend to use a pretty light touch when it comes to sincerity.
Going back to the Establishment Clause, can you explain to me how an entire ethos that seems to be very much based in religious conceptions of when life begins can make it into secular law without running afoul of the Constitution? Some of these abortion bans seem to me to be examples of one denomination’s religious views becoming everyone’s law. How does that pass muster?
The key case on this is Harris v. McRae from the ’80s, which was a case that challenged the federal Hyde Amendment that bans almost all federal funding for abortion. The challengers made that exact claim: that this is based on a particular conception of when life begins and is essentially a religious restriction. And that case lost before the Supreme Court. The court said that just because a law happens to overlap with particular religious beliefs, it doesn’t make it an inherently religious law. And honestly, since then, the Court’s conception of the Establishment Clause has gotten narrower and narrower.
Right to Life advocates pray during a sit-in in front of a Planned Parenthood in Washington, D.C. (Win McNamee/Getty Images)
That does not mean, however, that that’s the end of the story. Again, I’ll say that most of these claims are being brought under state rather than federal provisions. And we’re now seeing state legislators being much more frank and forthright about their religious motivations when passing some of these laws, in a way that can be relevant to new Establishment Clause challenges. So, for example, the Missouri case which is being brought by Americans United for Separation of Church and State and National Women’s Law Center [filed on behalf of 13 clergy members from six faith traditions, saying that the state’s abortion ban establishes one religious view about abortion as the law of the land in violation of the Missouri constitution]. It’s a challenge under the state’s Establishment Clause. And they point to the fact among other things that the law has the words “Almighty God” right in the text of the statute. That is pretty shocking and unusual.
I’d like to shift gears and talk about some of the other religion cases of the last week. The court ruled last week in Groff v. DeJoy that employers had to show a substantial burden before curtailing accommodations for religious employees, who may seek accommodations for the Sabbath, or wearing distinct dress. Groff was a postal worker who argued he shouldn’t have to work on his Sabbath. What did you think about the unanimous ruling?
This is an unusual example of the court taking at least somewhat of a middle path. They could have ruled very explicitly that the needs of coworkers don’t matter and shouldn’t be considered, and thankfully they didn’t. Ultimately, neither side got exactly what it wanted. I mean, Groff did not get his religious exemption yet. The court tweaked the test by which it will be evaluated, and according to my reading of the case, there is ample opportunity for the lower court to look at the new test and say, “Your request was really burdensome on the operation of this very small postal office, and you don’t get [your accommodation].” The jury’s still out on that case and I think we might see a real kind of diversity in how it ends up getting implemented in practice.
In another important ruling on religion and the law, the court ruled that a website designer could decline to provide service to a same-sex couple based on her assertion that she has a religious objection to creating messages that promote a view she doesn’t accept. I was intrigued by your tweet: “The decision in #303Creative today is not a win for religious liberty.” How did you mean that?
We wrote an amicus brief in this case on behalf of a bunch of religious minority organizations and faith-based organizations from a lot of different denominations. The point we made was that if we want to make sure that people can exercise their religion openly in a pluralistic society and without being chilled or in fear that they’re going to get turned away and unable to access services because they’re wearing a hijab or a yarmulke, then we need robust civil rights laws. A return to a segregated marketplace is going to maybe help a few religious believers who happen to own small businesses, but overall it’s going to have a real chilling effect on religious diversity and pluralism in smaller communities. Our point was that civil rights law shouldn’t be seen as being in conflict with religious liberty, but in fact, civil rights law is what has helped religious minorities thrive in the United States. And you know, I mentioned in my tweet that when my parents were kids, the “Jewish Vacation Guide” was still helping families figure out whether they were going to get turned away from hotels and such.
To take a broader view of the Supreme Court for a second, it’s clearly privileging religion in ways not seen in previous courts. The New York Times columnist Linda Greenhouse has written that the conservative supermajority completely identifies with “the movement in the country’s politics to elevate religion over all other elements of civil society.” I’m wondering if you agree with that assessment. And if so, what are its implications? I know that for a lot of our readers, it’s a great thing to elevate religion over other elements of civil society.
I would tweak it, because there are religion claims that don’t succeed. For example, there have been a lot of cases involving the targeting of Muslims, questioning people about their religious beliefs and practices at the border and the surveillance of mosques and religious groups, and very famously the court’s upholding of the Trump Muslim travel ban. In those cases, religious liberty did not win out over other elements. So I agree that the court has sided with particular, primarily conservative, Christian religious liberty claims. But I don’t think that that is going to protect everyone.
To conclude again with abortion: I don’t know if you are familiar with the work of Rutgers professor Michal Raucher, who argues that Jewish movements like hers — she is a Conservative Jew — should be arguing the case for abortion from the perspective of women’s bodily autonomy, and not the more narrow case that Jewish law allows abortions in some limited circumstances. Are religious challenges to abortion bans just sort of the flip side of religious opposition to abortion — they downplay the autonomy of women as individuals by making their decision-making a matter of church or synagogue doctrine?
This is sort of an age-old strategy question. If you look at the pro-life movement, there was a lot of argument between a “chip away over time” strategy or a more absolutist constitutional amendment saying that personhood starts at the moment of conception. We can have shorter term and longer term strategies, and I don’t know that it’s necessary to pick one. Even to the extent some of these lawsuits don’t end up succeeding, there is value in showing the diversity of religious beliefs on reproductive healthcare, because I think conservative Christians have had such a dominant presence over the issue of religion and abortion. There’s been a lot of history lost. I think of things like the Clergy Consultation Service on Abortion, which was a national network of clergy members who helped people access abortion, vetted illegal abortion providers and also helped people access care abroad. And that history has been all but lost. So yes, I think there can be multiple narratives happening at the same time.
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Harvard Faculty Oppose Deal With Trump, Distancing From Hamas Apologists: Crimson Poll

Harvard University president Alan Garber attending the 373rd Commencement Exercises at Harvard University in Cambridge, Massachusetts, US, May 23, 2024. Photo: REUTERS/Brian Snyder
A recently published Harvard Crimson poll of over 1,400 Harvard faculty revealed sweeping opposition to interim university President Alan Garber’s efforts to strike a deal with the federal government to restore $3 billion in research grants and contracts it froze during the first 100 days of the second Trump administration.
In the survey, conducted from April 23 to May 12, 71 percent of arts and sciences faculty oppose negotiating a settlement with the administration, which may include concessions conservatives have long sought from elite higher education, such as meritocratic admissions, viewpoint diversity, and severe disciplinary sanctions imposed on students who stage unauthorized protests that disrupt academic life.
Additionally, 64 percent “strongly disagree” with shuttering diversity, equity, and inclusion (DEI) programs, 73 percent oppose rejecting foreign applicants who hold anti-American beliefs which are “hostile to the American values and institutions inscribed in the US Constitution and Declaration of Independence,” and 70 percent strongly disagree with revoking school recognition from pro-Hamas groups such as the Palestine Solidarity Committee (PSC).
“More than 98 percent of faculty who responded to the survey supported the university’s decision to sue the White House,” The Crimson reported. “The same percentage backed Harvard’s public rejection of the sweeping conditions that the administration set for maintaining the funds — terms that included external audits of Harvard’s hiring practices and the disciplining of student protesters.”
Alyza Lewin of the Louis D. Brandeis Center for Human Rights Under Law told The Algemeiner that the poll results indicate that Harvard University will continue to struggle to address campus antisemitism on campus, as there is now data showing that its faculty reject the notion of excising intellectualized antisemitism from the university.
“If you, for example, have faculty teaching courses that are regularly denying that the Jews are a people and erasing the Jewish people’s history in the land of Israel, that’s going to undermine your efforts to address the antisemitism on your campus,” Lewin explained. “When Israel is being treated as the ‘collective Jew,’ when the conversation is not about Israel’s policies, when the criticism is not what the [International Holocaust Remembrance Alliance definition of antisemitism] would call criticism of Israel similar to that against any other country, they have to understand that it is the demonization, delegitimization, and applying a double standard to Jews as individuals or to Israel.”
She added, “Faculty must recognize … the demonization, vilification, the shunning, and the marginalizing of Israelis, Jews, and Zionists, when it happens, as violations of the anti-discrimination policies they are legally and contractually obligated to observe.”
The Crimson survey results were published amid reports that Garber was working to reach a deal with the Trump administration that is palatable to all interested parties, including the university’s left-wing social milieu.
According to a June 26 report published by The Crimson, Garber held a phone call with major donors in which he “confirmed in response to a question from [Harvard Corporation Fellow David M. Rubenstein] that talks had resumed” but “declined to share specifics of how Harvard expected to settle with the White House.”
On June 30, the Trump administration issued Harvard a “notice of violation” of civil rights law following an investigation which examined how it responded to dozens of antisemitic incidents reported by Jewish students since the 2023-2024 academic year.
The correspondence, sent by the Joint Task Force to Combat Antisemitism, charged that Harvard willfully exposed Jewish students to a torrent of racist and antisemitic abuse following the Hamas-led Oct. 7 massacre, which precipitated a surge in anti-Zionist activity on the campus, both in the classroom and out of it.
“Failure to institute adequate changes immediately will result in the loss of all federal financial resources and continue to affect Harvard’s relationship with the federal government,” wrote the four federal officials comprising the multiagency Task Force. “Harvard may of course continue to operate free of federal privileges, and perhaps such an opportunity will spur a commitment to excellence that will help Harvard thrive once again.”
The Trump administration ratcheted up pressure on Harvard again on Wednesday, reporting the institution to its accreditor for alleged civil rights violations resulting from its weak response to reports of antisemitic bullying, discrimination, and harassment following the Oct. 7, 2023 massacre.
Citing Harvard’s failure to treat antisemitism as seriously as it treated other forms of hatred in the past, The US Department of Educationthe called on the New England Commission of Higher Education to review and, potentially, revoke its accreditation — a designation which qualifies Harvard for federal funding and attests to the quality of the educational services its provides.
“Accrediting bodies play a significant role in preserving academic integrity and a campus culture conducive to truth seeking and learning,” said Secretary of Education Linda McMahon. “Part of that is ensuring students are safe on campus and abiding by federal laws that guarantee educational opportunities to all students. By allowing anti-Semitic harassment and discrimination to persist unchecked on its campus, Harvard University has failed in its obligation to students, educators, and American taxpayers.”
Follow Dion J. Pierre @DionJPierre.
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Balancing Act: Lebanese President Aoun Affirms Hope for Peace with Israel, Balks At Normalization

Lebanese President Joseph Aoun attends a joint press conference with French President Emmanuel Macron at the Elysee Palace in Paris, France, March 28, 2025. REUTERS/Sarah Meyssonnier/Pool
Lebanese President Joseph Aoun on Friday carefully affirmed his country’s desire for peace with Israel while cautioning that Beirut is not ready to normalize relations with its southern neighbor.
Aoun called for a full Israeli withdrawal from Lebanese territory, according to a statement from his office, while reaffirming his government’s efforts to uphold a state monopoly on arms amid mounting international pressure on the Iran-backed terror group Hezbollah to disarm.
“The decision to restrict arms is final and there is no turning back on it,” Aoun said.
The Lebanese leader drew a clear distinction between pursuing peace and establishing formal normalization in his country’s relationship with the Jewish state.
“Peace is the lack of a state of war, and this is what matters to us in Lebanon at the moment,” Aoun said in a statement. “As for the issue of normalization, it is not currently part of Lebanese foreign policy.”
Aoun’s latest comments come after Israeli Foreign Minister Gideon Saar expressed interest last month in normalizing ties with Lebanon and Syria — an effort Jerusalem says cannot proceed until Hezbollah is fully disarmed.
Earlier this week, Aoun sent his government’s response to a US-backed disarmament proposal as Washington and Jerusalem increased pressure on Lebanon to neutralize the terror group.
While the details remain confidential, US Special Envoy Thomas Barrack said he was “unbelievably satisfied” with their response.
This latest proposal, presented to Lebanese officials during Barrack’s visit on June 19, calls for Hezbollah to be fully disarmed within four months in exchange for Israel halting airstrikes and withdrawing troops from its five occupied posts in southern Lebanon.
However, Hezbollah chief Sheikh Naim Qassem vowed in a televised speech to keep the group’s weapons, rejecting Washington’s disarmament proposal.
“How can you expect us not to stand firm while the Israeli enemy continues its aggression, continues to occupy the five points, and continues to enter our territories and kill?” said Qassem, who succeeded longtime terrorist leader Hassan Nasrallah after Israel killed him last year.
“We will not be part of legitimizing the occupation in Lebanon and the region,” the terrorist leader continued. “We will not accept normalization [with Israel].”
Last fall, Israel decimated Hezbollah’s leadership and military capabilities with an air and ground offensive, following the group’s attacks on Jerusalem — which they claimed were a show of solidarity with the Palestinian terrorist group Hamas amid the war in Gaza.
In November, Lebanon and Israel reached a US-brokered ceasefire agreement that ended a year of fighting between the Jewish state and Hezbollah.
Under the agreement, Israel was given 60 days to withdraw from southern Lebanon, allowing the Lebanese army and UN forces to take over security as Hezbollah disarms and moves away from Israel’s northern border.
However, Israel maintained troops at several posts in southern Lebanon beyond the ceasefire deadline, as its leaders aimed to reassure northern residents that it was safe to return home.
Jerusalem has continued carrying out strikes targeting remaining Hezbollah activity, with Israeli leaders accusing the group of maintaining combat infrastructure, including rocket launchers — calling this “blatant violations of understandings between Israel and Lebanon.”
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Peace Meals: Chef José Andrés Says ‘Good People’ On Both Sides of Gaza Conflict Ill-Served By Leaders, Food Can Bridge Divide

Chef and head of World Central Kitchen Jose Andres attends the Milken Institute Global Conference 2025 in Beverly Hills, California, US, May 5, 2025. Photo: Reuters/Mike Blake.
Renowned Spanish chef and World Central Kitchen (WCK) founder José Andrés called the Oct. 7 attack “horrendous” in an interview Wednesday and shared his hopes for reconciliation between the “vast majority” on both sides of the Israeli-Palestinian divide who are “good people that very often are not served well by their leaders”
WCK is a US-based, nonprofit organization that provides fresh meals to people in conflict zones around the world. The charity has been actively serving Palestinians in the Gaza Strip and the West Bank since the Oct. 7 massacre in southern Israel. Since the Hamas attack, WCK has served more than 133 million meals across Gaza, according to its website.
The restaurateur and humanitarian has been quoted saying in past interviews that “sometimes very big problems have very simple solutions.” On Wednesday’s episode of the Wall Street Journal podcast “Bold Names,” he was asked to elaborate on that thought. He responded by saying he believes good meals and good leaders can help resolve issues between Israelis and Palestinians, who, he believes, genuinely want to live harmoniously with each other.
“I had people in Gaza, mothers, women making bread,” he said. “Moments that you had of closeness they were telling you: ‘What Hamas did was wrong. I wouldn’t [want] anybody to do this to my children.’ And I had Israelis that even lost family members. They say, ‘I would love to go to Gaza to be next to the people to show them that we respect them …’ And this to me is very fascinating because it’s the reality.
“Maybe some people call me naive. [But] the vast majority of the people are good people that very often are not served well by their leaders. And the simple reality of recognizing that many truths can be true at the same time in the same phrase that what happened on October 7th was horrendous and was never supposed to happen. And that’s why World Central Kitchen was there next to the people in Israel feeding in the kibbutz from day one, and at the same time that I defended obviously the right of Israel to defend itself and to try to bring back the hostages. Equally, what is happening in Gaza is not supposed to be happening either.”
Andres noted that he supports Israel’s efforts to target Hamas terrorists but then seemingly accused Israel of “continuously” targeting children and civilians during its military operations against the terror group.
“We need leaders that believe in that, that believe in longer tables,” he concluded. “It’s so simple to invest in peace … It’s so simple to do good. It’s so simple to invest in a better tomorrow. Food is a solution to many of the issues we’re facing. Let’s hope that … one day in the Middle East it’ll be people just celebrating the cultures that sometimes if you look at what they eat, they seem all to eat exactly the same.”
In 2024, WCK fired at least 62 of its staff members in Gaza after Israel said they had ties to terrorist groups. In one case, Israel discovered that a WCK employee named Ahed Azmi Qdeih took part in the deadly Hamas rampage across southern Israel on Oct. 7, 2023. Qdeih was killed in an Israeli airstrike in Gaza in November 2024.
In April 2024, the Israel Defense Forces received backlash for carrying out airstrikes on a WCK vehicle convoy which killed seven of the charity’s employees. Israel’s military chief, Lt. Gen. Herzi Halevi, said the airstrikes were “a mistake that followed a misidentification,” and Israel dismissed two senior officers as a result of the mishandled military operation.
The strikes “were not just some unfortunate mistake in the fog of war,” Andrés alleged.
“It was a direct attack on clearly marked vehicles whose movements were known by” the Israeli military, he claimed in an op-ed published by Israeli newspaper Yediot Aharonot. “It was also the direct result of [the Israeli] government’s policy to squeeze humanitarian aid to desperate levels.”
In a statement on X, Andres accused Israel of “indiscriminate killing,” saying the Jewish state “needs to stop restricting humanitarian aid, stop killing civilians and aid workers, and stop using food as a weapon.”
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