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American rabbis, wrestling with Israel’s behavior, weigh different approaches from the pulpit
(JTA) — Rabbi Sharon Brous began a sermon at her Los Angeles synagogue last month with a content warning. “I have to say some things today that I know will upset some of you,” she began.
That same morning, across the country in New York City, Rabbi Angela Buchdahl was confessing something to her congregants, too: The sermon they were about to hear “kept me up at night.”
Both women — among the most prominent and influential Jewish clergy in the United States — went on to sharply criticize Israel’s new right-wing government, which includes far-right parties that aim to curb the rights of LGBTQ Israelis, Arabs and non-Orthodox Jews.
In taking aim at Israel’s government from the pulpit, the rabbis were veering close to what many in their field consider a third rail. “You have a wonderful community and you love them and they love you, until the moment you stand up and you give your Israel sermon,” Brous told the Jewish Telegraphic Agency. The phenomenon even has an informal name, she said: “Death by Israel sermon.”
Brous would know: A decade ago, she was the target of sharp criticism after she encouraged her congregants at IKAR, a nondenominational congregation, to pray for Palestinians as well as Jews during a period of conflict in Israel. The incident didn’t end her pulpit, but she has come to understand why many rabbis choose what she called “the path of silence” when it comes to Israel.
Now, she said, American Jews must depart from that path. “I want you to hear me,” she said in her sermon. “There is a revolution that is happening, and this moment demands an awakening on both sides of the sea, an honest reckoning.”
All over the country, non-Orthodox rabbis are making similar calculations in response to Israel’s new governing coalition, which has drawn widespread protests over its policy moves. (Orthodox communities, including their rabbis, tend to be more politically conservative and skew to the right of non-Orthodox communities on Israel issues.) Israel’s government is advancing an overhaul of the legal system that would sap the power of the Supreme Court, and is also contending with an escalating wave of violence.
Some rabbis feel more emboldened to speak aloud what they have long believed. Others are finding themselves reconsidering their own relationship to Israel — and bringing their congregants along on their journey. A few still feel that criticizing Israel from the pulpit is a misguided and even dangerous venture, one that could splinter American Jewish communities.
What cuts across the spectrum is a belief that Israel has been discussed too little from the synagogue pulpit. Brous said the tendency of liberal rabbis not to talk about Israel lest they anger their more conservative congregants has resulted in a painful reality: “American Jews have not developed the muscle that we now need to respond to this regime.”
Rabbi Ammiel Hirsch of the Stephen Wise Free Synagogue in New York City launched a new program called Amplify Israel, which he hopes will encourage Reform movement leaders to embrace Zionism even as they navigate a “deeply problematic and even offensive” new Israeli government. (Shahar Azran/Stephen Wise Free Synagogue)
Rabbi Ammiel Hirsch, meanwhile, believes today’s rabbis must be vocal in fending off the influence of “competing values” about Zionism from “various organizations that are either cool on Israel or don’t like Israel or just downright anti-Zionist.”
Last year, angered by a letter signed by dozens of rabbinical students denouncing Israel’s actions during its 2021 conflict with Hamas in Gaza, Hirsch launched an initiative based at his New York City Reform synagogue to equip rabbis with tools to counter what he said was “the growing influence of an anti-Zionist element” in the next generation of Jewish clergy.
The initiative, Amplify Israel, is housed at his Stephen Wise Free Synagogue, and employs another rabbi, Tracy Kaplowitz, to work full-time to galvanize leaders from across the Reform movement to support Israel. Kaplowitz jokes that her new job won’t be complete “until every Reform Jew is a Zionist.”
Hirsch knows the new coalition is complicating his task. “The new government is going to make our promotion of Israel more difficult in the United States,” he said, noting that the government “has elements in it that are deeply problematic and even offensive to most American Jews.”
He and Kaplowitz contend that it is possible, in their view, for rabbis to criticize aspects of the Israeli government from the pulpit while still remaining broadly supportive of the Jewish state and encouraging their congregants to be the same. They also say the need to build Zionist sentiment within the American rabbinate transcends any particular moment, including this one.
“If we have to transform how we connect to Israel each time there’s an election, we’ll be driving ourselves a little bit batty,” Kaplowitz said.
Rabbi Tracy Kaplowitz is a full-time Israel Fellow at the Stephen Wise Free Synagogue in New York City. She jokes that her job won’t be finished “until every Reform Jew is a Zionist.” (Ryen Greiss/Stephen Wise Free Synagogue)
Hirsch sits on the advisory board of another new pro-Israel initiative, the Zionist Rabbinic Coalition. Helmed by Stuart Weinblatt, senior rabbi at Conservative Congregation B’nai Tzedek in Potomac, Maryland, the group is an interdenominational network of more than 200 rabbis who advocate to ”strengthen the ties between American Jewry and the State of Israel.”
Weinblatt hews to an early generation’s view of how rabbis should approach Israel from the pulpit. He told JTA that he believes his colleagues should always be supportive of Israel in public, even if they choose to pressure the Israeli government and advocate against certain policies in private — which, he says, is “the appropriate vehicle” for voicing concerns. “My position has always been that support for Israel should be unconditional,” he said.
“If we as rabbis are sharply critical of Israel, the result can often lead to a distancing from Israel, which ultimately may diminish the connection people feel to Judaism and the Jewish people,” he added. “People do not always distinguish and differentiate between opposition to a particular policy and broader criticisms of Israel which can do lasting damage.”
Asked whether the Israeli government could ever conceivably take a step that would necessitate a public response from American rabbis, Weinblatt ruminated for days. He ultimately told JTA that the current debate around proposed changes to the Law of Return, the Israeli policy that allows anyone with at least one Jewish grandparent to claim citizenship, would be such an example, as that is a policy that would have a direct effect on Diaspora Jews.
Tightening who is eligible under the Law of Return is in fact a goal of some elements of Israel’s governing coalition, although the Diaspora minister assured an audience in the United States that, unlike with the proposed changes to the government’s judicial system — which have earned criticism across the political spectrum — there would be an effort to build consensus and no changes would happen overnight.
Still, the prospect of such a change so alarmed Rabbi Hillel Skolnick of Congregation Tifereth Israel in Columbus, Ohio, that he traveled to Jerusalem to address the Knesset, Israel’s lawmaking body.
“The members of my congregation and my movement have a spiritual connection with Judaism and also a political connection because we live in a democracy, so they see a Jewish democracy as an ideal that they can look to as a light unto the nations,” he said, in a speech he delivered as a representative of the Conservative/Masorti movement.
“By even questioning the idea of the Law of Return,” he went on, Israel “takes away from both the Jewish connection and the democratic connection they have with this country.”
Skolnick suggested that he was unsure of how to speak to his congregation about the new government and its agenda. “My question to you is, what message can I go home with?” he asked.
Rabbi Stuart Weinblatt, founder and chair of the Zionist Rabbinic Coalition, shown with Israeli President Isaac Herzog. Weinblatt believes American rabbis’ “support for Israel should be unconditional,” and that disagreements with its government should be hashed out in private. (Courtesy of Stuart Weinblatt)
This week, hundreds of American rabbis will be returning to their congregations with messages honed by a week in Israel. The Reform movement just concluded its biennial convention, which was held there for the first time since before the pandemic. Their visit coincided with major developments in the country’s twin crises: The Knesset advanced the judicial reform legislation, and three people were killed in a Palestinian shooting and subsequent settler riot in the West Bank.
In a sign of the balancing act that American rabbis are navigating, the Reform movement’s leader, Rabbi Rick Jacobs, who has been among the earliest and most outspoken critics of the new Israeli government, will also be a featured speaker at Amplify Israel’s conference this May aiming to encourage Zionist sentiment among Reform Jews.
At the convention, the leader of the Central Conference of American Rabbis called for Reform clergy to move away from defining Israel in stark black-and-white terms — an apparent reference to Jews who speak of “pro-Israel” and “anti-Israel” forces.
“In order to connect better with those in our communities around Israel in a nuanced and meaningful way, we must be able to move beyond the pro/con dichotomy which only serves to divide us in ways that are a distraction to the actual issues at hand,” Rabbi Hara Person told the attendees. During the conference, the rabbis attended and voiced support for Israeli protests against their government.
“We are seeing a shift for the better, in my opinion, about how Jews are feeling comfortable critiquing Israel’s policies,” Rabbi Sarah Brammer-Shlay told JTA last fall, before the Israeli elections. Brammer-Shlay was a signer of the 2021 rabbinical students’ letter who graduated from the Reconstructionist Rabbinical College and today is a rabbi and chaplain at Grinnell College.
That kind of shift has Weinblatt worried. “Sometimes, rabbis are actually out of sync and out of touch with their congregations, who do want to hear messages of support of Israel,” he said.
That may well be the case, particularly at synagogues with aging populations, but survey data suggests that American Jews are moving to the left on Israel at the same time that Israel itself has shifted to the right. The most recent Pew Research Center survey of American Jews, in 2021, found that most have a negative opinion of Israel Prime Minister Benjamin Netanyahu; only one-third think Israel is making a sincere effort to achieve peace with Palestinians; and 10% support the Boycott, Divestment, Sanctions movement against Israel.
While rabbis typically consider what they think their congregants want to hear, they aren’t bound to say it. And some rabbis say this moment is a time to take a stand, even if there is blowback.
Rabbi Jeremy Kalmanofsky of Congregation Ansche Chesed, a Conservative congregation on Manhattan’s Upper West Side, announced in December that his congregation would no longer recite the Prayer for the State of Israel, part of most congregations’ Shabbat morning liturgy since 1948. He said the extremism of Israel’s leadership meant the words no longer applied, and replaced the prayer with the more generally worded Prayer for Peace in Jerusalem.
”I couldn’t just say, ‘God, please guide our leaders well,’” Kalmanofsky said, pointing specifically to the fact that extremist politicians Itamar Ben-Gvir and Bezalel Smotrich were now government ministers who would be the beneficiaries of such prayer. “The things that they’re saying cannot possibly represent the Israel that I want to support.”
Kalmanofsky had not previously been outspoken as a critic of Israeli policy. He said he has faced some tough feedback from some in his community, including from those who believe this is a moment that demands more, not less, prayer for Israel — “not an unreasonable response,” he said. But a month into the liturgy change, he said he is confident he has made the right decision.
“Something really meaningful had changed in the public life of the state of Israel,” he said. “That deserved real recognition, and a real response.”
Continuing to focus on preserving a Jewish connection with Israel without “dealing like grown-ups” with its “very serious problems” would render the rabbinical voice irrelevant, Kalmanofsky said. “At best, we’re kind of like, ‘blind love, blind loyalty.’ And at worst, we’re totally obtuse, and have nothing meaningful to say about the real world.”
“If you’re going to have a pulpit,” Kalmanofsky added, “you’re going to have to use it once in a while.”
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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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