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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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The post A legal scholar sizes up the religious argument against abortion bans appeared first on Jewish Telegraphic Agency.
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Hamas Says No Interim Hostage Deal Possible Without Work Toward Permanent Ceasefire

Explosions send smoke into the air in Gaza, as seen from the Israeli side of the border, July 17, 2025. Photo: REUTERS/Amir Cohen
The spokesperson for Hamas’s armed wing said on Friday that while the Palestinian terrorist group favors reaching an interim truce in the Gaza war, if such an agreement is not reached in current negotiations it could revert to insisting on a full package deal to end the conflict.
Hamas has previously offered to release all the hostages held in Gaza and conclude a permanent ceasefire agreement, and Israel has refused, Abu Ubaida added in a televised speech.
Arab mediators Qatar and Egypt, backed by the United States, have hosted more than 10 days of talks on a US-backed proposal for a 60-day truce in the war.
Israeli officials were not immediately available for comment on the eve of the Jewish Sabbath.
Israeli Prime Minister Benjamin Netanyahu’s office said in a statement on a call he had with Pope Leo on Friday that Israel‘s efforts to secure a hostage release deal and 60-day ceasefire “have so far not been reciprocated by Hamas.”
As part of the potential deal, 10 hostages held in Gaza would be returned along with the bodies of 18 others, spread out over 60 days. In exchange, Israel would release a number of detained Palestinians.
“If the enemy remains obstinate and evades this round as it has done every time before, we cannot guarantee a return to partial deals or the proposal of the 10 captives,” said Abu Ubaida.
Disputes remain over maps of Israeli army withdrawals, aid delivery mechanisms into Gaza, and guarantees that any eventual truce would lead to ending the war, said two Hamas officials who spoke to Reuters on Friday.
The officials said the talks have not reached a breakthrough on the issues under discussion.
Hamas says any agreement must lead to ending the war, while Netanyahu says the war will only end once Hamas is disarmed and its leaders expelled from Gaza.
Almost 1,650 Israelis and foreign nationals have been killed as a result of the conflict, including 1,200 killed in the Oct. 7, 2023, Hamas attack on southern Israel, according to Israeli tallies. Over 250 hostages were kidnapped during Hamas’s Oct. 7 onslaught.
Israel responded with an ongoing military campaign aimed at freeing the hostages and dismantling Hamas’s military and governing capabilities in neighboring Gaza.
The post Hamas Says No Interim Hostage Deal Possible Without Work Toward Permanent Ceasefire first appeared on Algemeiner.com.
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Iran Marks 31st Anniversary of AMIA Bombing by Slamming Argentina’s ‘Baseless’ Accusations, Blaming Israel

People hold images of the victims of the 1994 bombing attack on the Argentine Israeli Mutual Association (AMIA) community center, marking the 30th anniversary of the attack, in Buenos Aires, Argentina, July 18, 2024. Photo: REUTERS/Irina Dambrauskas
Iran on Friday marked the 31st anniversary of the 1994 bombing of the Argentine Israelite Mutual Association (AMIA) Jewish community center in Buenos Aires by slamming Argentina for what it called “baseless” accusations over Tehran’s alleged role in the terrorist attack and accusing Israel of politicizing the atrocity to influence the investigation and judicial process.
The Iranian Foreign Ministry issued a statement on the anniversary of Argentina’s deadliest terrorist attack, which killed 85 people and wounded more than 300.
“While completely rejecting the accusations against Iranian citizens, the Islamic Republic of Iran condemns attempts by certain Argentine factions to pressure the judiciary into issuing baseless charges and politically motivated rulings,” the statement read.
“Reaffirming that the charges against its citizens are unfounded, the Islamic Republic of Iran insists on restoring their reputation and calls for an end to this staged legal proceeding,” it continued.
Last month, a federal judge in Argentina ordered the trial in absentia of 10 Iranian and Lebanese nationals suspected of orchestrating the attack in Buenos Aires.
The ten suspects set to stand trial include former Iranian and Lebanese ministers and diplomats, all of whom are subject to international arrest warrants issued by Argentina for their alleged roles in the terrorist attack.
In its statement on Friday, Iran also accused Israel of influencing the investigation to advance a political campaign against the Islamist regime in Tehran, claiming the case has been used to serve Israeli interests and hinder efforts to uncover the truth.
“From the outset, elements and entities linked to the Zionist regime [Israel] exploited this suspicious explosion, pushing the investigation down a false and misleading path, among whose consequences was to disrupt the long‑standing relations between the people of Iran and Argentina,” the Iranian Foreign Ministry said.
“Clear, undeniable evidence now shows the Zionist regime and its affiliates exerting influence on the Argentine judiciary to frame Iranian nationals,” the statement continued.
In April, lead prosecutor Sebastián Basso — who took over the case after the 2015 murder of his predecessor, Alberto Nisman — requested that federal Judge Daniel Rafecas issue national and international arrest warrants for Iran’s Supreme Leader Ayatollah Ali Khamenei over his alleged involvement in the attack.
Since 2006, Argentine authorities have sought the arrest of eight Iranians — including former president Ali Akbar Hashemi Rafsanjani, who died in 2017 — yet more than three decades after the deadly bombing, all suspects remain still at large.
In a post on X, the Delegation of Argentine Israelite Associations (DAIA), the country’s Jewish umbrella organization, released a statement commemorating the 31st anniversary of the bombing.
“It was a brutal attack on Argentina, its democracy, and its rule of law,” the group said. “At DAIA, we continue to demand truth and justice — because impunity is painful, and memory is a commitment to both the present and the future.”
31 años del atentado a la AMIA – DAIA. 31 años sin justicia.
El 18 de julio de 1994, un atentado terrorista dejó 85 personas muertas y más de 300 heridas. Fue un ataque brutal contra la Argentina, su democracia y su Estado de derecho.
Desde la DAIA, seguimos exigiendo verdad y… pic.twitter.com/kV2ReGNTIk
— DAIA (@DAIAArgentina) July 18, 2025
Despite Argentina’s longstanding belief that Lebanon’s Shiite Hezbollah terrorist group carried out the devastating attack at Iran’s request, the 1994 bombing has never been claimed or officially solved.
Meanwhile, Tehran has consistently denied any involvement and refused to arrest or extradite any suspects.
To this day, the decades-long investigation into the terrorist attack has been plagued by allegations of witness tampering, evidence manipulation, cover-ups, and annulled trials.
In 2006, former prosecutor Nisman formally charged Iran for orchestrating the attack and Hezbollah for carrying it out.
Nine years later, he accused former Argentine President Cristina Fernández de Kirchner — currently under house arrest on corruption charges — of attempting to cover up the crime and block efforts to extradite the suspects behind the AMIA atrocity in return for Iranian oil.
Nisman was killed later that year, and to this day, both his case and murder remain unresolved and under ongoing investigation.
The alleged cover-up was reportedly formalized through the memorandum of understanding signed in 2013 between Kirchner’s government and Iranian authorities, with the stated goal of cooperating to investigate the AMIA bombing.
The post Iran Marks 31st Anniversary of AMIA Bombing by Slamming Argentina’s ‘Baseless’ Accusations, Blaming Israel first appeared on Algemeiner.com.
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Jordan Reveals Muslim Brotherhood Operating Vast Illegal Funding Network Tied to Gaza Donations, Political Campaigns

Murad Adailah, the head of Jordan’s Muslim Brotherhood, attends an interview with Reuters in Amman, Jordan, Sept. 7, 2024. Photo: REUTERS/Jehad Shelbak
The Muslim Brotherhood, one of the Arab world’s oldest and most influential Islamist movements, has been implicated in a wide-ranging network of illegal financial activities in Jordan and abroad, according to a new investigative report.
Investigations conducted by Jordanian authorities — along with evidence gathered from seized materials — revealed that the Muslim Brotherhood raised tens of millions of Jordanian dinars through various illegal activities, the Jordan news agency (Petra) reported this week.
With operations intensifying over the past eight years, the report showed that the group’s complex financial network was funded through various sources, including illegal donations, profits from investments in Jordan and abroad, and monthly fees paid by members inside and outside the country.
The report also indicated that the Muslim Brotherhood has taken advantage of the war in Gaza to raise donations illegally.
Out of all donations meant for Gaza, the group provided no information on where the funds came from, how much was collected, or how they were distributed, and failed to work with any international or relief organizations to manage the transfers properly.
Rather, the investigations revealed that the Islamist network used illicit financial mechanisms to transfer funds abroad.
According to Jordanian authorities, the group gathered more than JD 30 million (around $42 million) over recent years.
With funds transferred to several Arab, regional, and foreign countries, part of the money was allegedly used to finance domestic political campaigns in 2024, as well as illegal activities and cells.
In April, Jordan outlawed the Muslim Brotherhood, the country’s most vocal opposition group, and confiscated its assets after members of the Islamist movement were found to be linked to a sabotage plot.
The movement’s political arm in Jordan, the Islamic Action Front, became the largest political grouping in parliament after elections last September, although most seats are still held by supporters of the government.
Opponents of the group, which is banned in most Arab countries, label it a terrorist organization. However, the movement claims it renounced violence decades ago and now promotes its Islamist agenda through peaceful means.
The post Jordan Reveals Muslim Brotherhood Operating Vast Illegal Funding Network Tied to Gaza Donations, Political Campaigns first appeared on Algemeiner.com.