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As trial begins in Tree of Life massacre, Pittsburgh’s Jews struggle with what to reveal and what to conceal
PITTSBURGH (JTA) — On Friday afternoon, Squirrel Hill was suffused with spring breezes and pink dogwoods, and alive with the movement that typifies the coming of Shabbat.
Toddlers scrambled up the jungle gym in the JCC playground, while the chatter in cafes was about a looming storm that could soak the walk to synagogue on Saturday. Murray Avenue Kosher was emptying out of challahs.
Barely present, at least on the surface, was any indication that Monday morning would hold a turning point in the community’s greatest trauma. That’s when jury selection was to begin in the trial of the man accused of shattering Shabbat on Oct. 27, 2018, with gunfire. His massacre of 11 worshipers, in a synagogue building a 10-minute stroll from the downtown of this leafy, heavily Jewish neighborhood, was the deadliest-ever attack on U.S. Jews.
But behind the scenes, there are clear signs that the trial’s proximity is being felt. Maggie Feinstein, the director of the 10/27 Healing Partnership, which provides post-traumatic therapy for the community, said that as the trial nears, requests for treatment have spiked.
“The trauma cues that for a while bothered us right after the shooting — for some people it might be ambulances, for other people it might be media, for some people it might be the sound of multiple police cars — you get to a place where they don’t bother you as much,” she said. “But the increased media attention and the increased awareness of this upcoming trial for a number of people is bringing back for them that maybe they didn’t do their own healing the first time around.”
A Starbucks in the Squirrel Hill neighborhood of Pittsburgh is decorated with a memorial for the victims of the 2018 massacre at the city’s Tree of Life synagogue, April 21, 2023. (Ron Kampeas)
There were three congregations in the building: Tree of Life and New Light, both affiliated with the Conservative movement, and Dor Hadash, which is Reconstructionist.
The 11 victims were brothers Cecil and David Rosenthal, couple Bernice and Sylvan Simon, Rose Malinger, Joyce Fienberg, Richard Gottfried, Jerry Rabinowitz, Daniel Stein, Melvin Wax and Irving Younger. Seven were from Tree of Life, three were from New Light and one was from Dor Hadash.
For their families, their friends, their congregations and their broader Jewish community, the legacy of the massacre is a deep-seated longing for control, a longing to never have to think again of the gunman and of the anguish he left in his wake, while grappling with tender memories of the dead, of the decades spent in celebration and in prayer in the building.
Who narrates this story, the gunman or his victims? That struggle now looms as the alleged gunman goes to trial. The community is wrestling with questions such as where and whether to put the bullet-riddled artifacts, whether to worship at the site, whether to even speak of the massacre and how and whether the gunman lives or dies.
”We believe strongly that this antisemitic attack should not stop people from practicing and being Jewish,” Feinsten said. “For a lot of people, that’s an active choice that they have to work at. It doesn’t come easily after feeling unsafe in that environment to then work to find safety in it. But a lot of people have chosen to do that.”
On Friday, Feinstein was organizing support services for families who would, if they so choose, be sequestered in a separate room in the court where they could view the trial. (Family members may also ask to be seated in the courtroom.) She assigned six therapists to be present with the families.
Compounding the revisited trauma of the event, the families are divided over whether the gunman, should he be convicted, deserves the death penalty. The accused has a lawyer, Judy Clarke, known as “the attorney for the damned” for her determination to keep her clients from execution.
What’s clear is that the Jews of Squirrel Hill are taking the trial on with their characteristic spirit of collaboration. The community has hired public relations specialists to handle media inquiries ahead of the trial, in part to safeguard locals from being pressed to answer questions that could harm them or shatter the sense of unity. Congregants reached by the Jewish Telegraphic Agency dutifully deferred to the list of approved contacts on a list distributed by a PR agency.
On Friday afternoon, signs of unity that flooded the city in the immediate aftermath of the shooting were still visible. In a tobacconist’s window a sign with the slogan “No place for hate/Stronger than hate,” which had proliferated throughout the neighborhood after the attack, remained propped up next to a flag and an ad for the lottery. A Starbucks had on its window white paint drawings depicting “love,” “kindness” and “hope” in English and in Hebrew, alongside symbols: the Star of David, a heart and a dove.
A tobacconist window includes a poster of the “No Place for Hate” slogan that proliferated after the Tree of Life Massacre in 2018, in Pittsburgh, April 21, 2023. (Ron Kampeas)
Representatives of the community talk about “doing Jewish” as a means of coping, including redoubling the very activities — allying with the city’s Black minority and advocating for immigration, refugees and gun control — that fueled the rage of the alleged attacker.
The attacker allegedly was driven in part by the partnership between Dor Hadash and HIAS, the Jewish refugee aid group, and the congregation’s sponsorship of refugee families.
“We have, if anything, doubled down on our commitment to immigrants and refugees,” said Dana Kellerman, the chair of the communications committee at Dor Hadash. “We are currently coming up on the end of our first year working with a new resettlement program to resettle a Congolese immigrant family in Pittsburgh, and we have every intention of when the year commitment is up of working with a second family.”
Kellerman said the shooting had “honestly become part of the background of our existence at this point.” In keeping with her congregation’s rules aimed at protecting their community, Kellerman declined to talk about the day of the massacre, the death penalty or about details of the trial. But she was open about the ways in which her congregation has leaned into the values it has long held, and that the gunman so reviled.
“We have become louder and more public about practicing our Judaism,” she said. Now, she said, the congregation incorporates advocacy for refugees into its service, with liturgical readings on immigration.
There are other changes. “We even have hats now! We have baseball caps!” Kellerman said with a smile, unearthing a photo of herself in a white cap with “Dor Hadash” and a stylized Magen David in blue, standing alongside gun control advocates.
“Previously we all would have shown up as our individual selves, and now we show up in our Dor Hadash baseball caps,” she said. “Mine kept blowing off.”
Steve Cohen, the co-president of New Light, said the congregation’s relationship with Black churches in the city has reached new intensity since the massacre. The congregation’s rabbi and congregants who know Hebrew partner with the churches to analyze sacred texts in the original.
“We would bring our Tanachs [Hebrew Bibles], and the Christian congregation would bring their Bible and then we would talk about the Proverbs and go through it, not just what the intention of the author was, but how different ways the same words can be translated in order to imply different things,” he said. “And so we went through the whole Book of Proverbs with the Rodman Street Baptist Church, and this past winter, we did the selected Psalms with the faith and Destiny Church on the north side.”
The interior of the new sanctuary of the New Light congregation, four and half years after a gunman massacred three of its congregants, in Pittsburgh, April 21, 2023. (Ron Kampeas)
New Light took its cue from survivors of the 2015 attack on the Emanuel Church in Charleston, South Carolina, in which a white supremacist murdered nine Black worshipers, Cohen said. Leaders of New Light traveled to the church and heard from its elders that it was not enough to tend to the traumatized individuals, but to the community; they emphasized outreach, bringing congregants back in.
“That’s a lot of the reason why we have an outpouring of members who never attended shul now attending shul,” he said.
Feinstein, too, said she had an intensification of religious and ritual observance among her clients: more frequent attendance at Shabbat services, forming a daily minyan, finding a study partner for daily Talmud study.
Kellerman said the community has become closer; she sees it in congregants who linger. “It shows up in things like people showing up for Friday night services, and hanging out to chat or getting on a little early to chat,” she said.
A rendition of architect Daniel Libeskind’s plans for the interior of the new Tree of Life synagogue. (Tree of Life)
In the days leading up to the trial, the community bid farewell to the most salient relic of that painful day: the hulking synagogue building on the corner of Wilkins and Shady that has stood empty since then. All three congregations have decamped to nearby synagogues, leaving behind the chain-link fence draped with paintings from children across the country wishing for strength.
“Nobody has been meeting in the synagogue since the day of the shooting,” said Carole Zawatsky, the Tree of Life CEO who is overseeing the plans to replace the building. The only people to have been inside at all, she said, were survivors and “special friends” — donors to the rebuilding and politicians.
Zawatsky said it is wrenching to even contemplate returning for some. “You can walk through the building and see where the gunman was destructive,” she said. “You can see where the gunman was apprehended, where the gunman opened fire. It’s devastating to witness.”
But some intend to: Tree of Life lost seven congregants but plans on returning once the building is rebuilt as a museum and education center focused on the dangers of extremism.
On Sunday, the Tree of Life congregation had an outdoor ceremony to say “L’hitraot,” Hebrew for “until we meet again,” to the building as it has existed up to now.
“We are grateful to God for the thousands of blessings that have passed through these doors,” Rabbi Jeffrey Myers, the rabbi who sheltered congregants and alerted police, said at the ceremony. “We cannot, we must not, permit one day … to define us, nor outweigh all the good.”
The new center is being designed by Daniel Libeskind, the architect who designed the master plan for the World Trade Center site reconstruction in New York and the Jewish Museum in Berlin.
But Dor Hadash and New Light decided their moves were permanent in part because families of their victims swore never to return to the building.
New Light is now ensconced in what once was a secondary chapel at the Beth Shalom synagogue, as if it has been there for decades: Plaques honoring past donors and presidents adorn the walls of the sanctuary. The only signs of the massacre are the 1,000 paper cranes Pittsburgh’s Japanese community gave the congregation, reflecting a Japanese tradition that folding cranes will make a wish come true. They hang at the entrance to the sanctuary, unexplained by any plaque. There is a stained glass monument to the three victims at the cemetery where they are buried.
Even with Tree of Life’s commitment to return, many questions remain about what that will look like. The congregation has yet to decide what objects will stay in the sanctuary, what will stay in storage and what will be part of a separate exhibit, Zawatsky said.
“The first work that’s had to be done for the synagogue is ‘What are the things that need to be saved and go into storage during construction?’” she said.
In some ways, she indicated, the work of rebuilding could bear some resemblance to the balancing act that the community will have to navigate during the alleged shooter’s trial.
“We are thinking deeply about how you exhibit some of these materials,” Zaslavsky said, “in ways that are both teachable moments and don’t retraumatize.”
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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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