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The End Jew Hatred Movement is spreading across the country — and sparking controversy

(New York Jewish Week) — Last month, Colorado Gov. Jared Polis, a Jewish Democrat, proclaimed April 29 “End Jew Hatred Day,” citing “an urgent need to act against antisemitism in Colorado and across the country.”

Similar proclamations came from New York Rep. Mike Lawler, a Republican, and dozens of other elected officials nationwide. 

But in the New York City Council, an identical effort proved controversial. While the overwhelmingly Democratic council approved April 29 as End Jew Hatred Day annually, six council members either abstained from or voted against what organizers had intended to be an unanimous decision.

The initiative behind the proclamations, called the End Jew Hatred Movement, is a relatively new presence based in New York City that is increasingly making its voice known nationally — through rallies, petitions, a relentless press campaign and now in the halls of government. One measure that demonstrates the initiative’s growth is the number of April 29 proclamations. Last year, there were a handful. This year, according to End Jew Hatred, there were 30. 

The movement also provided the spark for the unexpected opposition in the New York City Council. Lawmakers who did not support the proclamation said they demurred because the End Jew Hatred Movement, while run by people who say they “set aside politics and ideology,” has been associated with right-wing Jewish activists. 

End Jew Hatred doesn’t publicize much about its structure or funding. It is not a registered nonprofit organization, and would not tell the New York Jewish Week its annual budget or how it receives donations. 

Its backers call it an unapologetic voice that’s fighting a growing problem, antisemitism, while its critics say it is an attempt to inject hawkish rhetoric into a national effort to combat anti-Jewish persecution. Amid that debate, the movement’s growth, and its successful spearheading of resolutions nationwide, show how an initiative founded by conservative activists has wielded influence in the conversation about antisemitism, even in liberal political spaces.

Here’s what we know about End Jew Hatred, how it’s establishing itself in New York City and beyond, and why its activities are drawing backlash. 

A movement founded in the politics of 2020

Founded in New York City near the beginning of the pandemic, End Jew Hatred first drew local attention in October 2020, when it organized a rally in front of the New York Public Library protesting the way its activists said New York City Mayor Bill De Blasio and New York Gov. Andrew Cuomo were unfairly targeting Orthodox New Yorkers with public health restrictions. 

Haredi New Yorkers and their backers railed against the city’s regulations that year, and claimed that policies limiting group prayer and other religious ceremonies were selectively enforced against their communities. 

“Never in my life did I think I would see this type of blatant Jew-hatred from our public officials,” Brooke Goldstein, who founded End Jew Hatred, said at the rally, which drew dozens of protesters. “Singling out New York Jews for blame in the coronavirus spread is unconscionable and discriminatory.”

But while the movement’s first significant action concerned the pandemic, a spokesman for End Jew Hatred said it was inspired by another seismic event that took place in 2020: the racial justice protests and the growth of the Black Lives Matter movement. 

“How can we replicate this for the Jewish people?” said Gerard Filitti, senior counsel for the organization Goldstein directs, the Lawfare Project, describing End Jew Hatred’s genesis. “We saw antisemitism shoot up during the pandemic. So it was kind of the right time to launch this idea.”

Since then, in addition to spearheading the proclamations, the initiative has continued holding rallies, protesting the United Nations Relief and Works Agency, which aids Palestinian refugees, for “promoting Jew hatred”; speaking out against antisemitism in Berlin, Toronto and other cities around the globe; and, earlier this year, opposing a reported plea bargain for the men who assaulted Joseph Borgen while he was en route to a pro-Israel rally in May 2021. It was also a signatory on a letter to Manhattan District Attorney Alvin Bragg protesting the plea deal, and members of the movement showed up to the alleged attackers’ court hearing. 

Nearly three years after its launch, the movement remains opaque about its structure, declining to share any financial information or elaborate on its relationship to the Lawfare Project, which bills itself as an “international pro-Israel litigation fund.” In a brief statement to the New York Jewish Week, a spokesperson for End Jew Hatred said the organization accepts donations from local community members and support from like-minded nonprofit groups, though he declined to detail how those donations were processed.  

“Our network of activists spans the globe, from New York City to Los Angeles, from Toronto to Berlin,” he said. “Also, the movement is supported by people from all walks of life who donate both their time and money to make the movement a success. Activists are encouraged to fundraise within their community, and some actions have been supported by organizations that have taken part in them.”

Roots in pro-Israel and right-wing activism 

The Lawfare Project, Goldstein’s group, has represented Jewish students who settled a discrimination lawsuit with San Francisco State University, and the following year, represented an Israeli organization that settled a suit with the National Lawyers’ Guild, after the guild declined to place the group’s ad in its annual dinner journal.

This year, the group is providing legal aid to a Las Vegas-area Jewish teen who had a swastika drawn onto his back. And it sued the mayor of Barcelona over her decision to sever ties with Tel Aviv.  

Goldstein also has a history of right-wing activism and controversial statements. She has made appearances on conservative news networks such as Fox News, One America News and NewsmaxShe once said that “there’s no such thing as a Palestinian person,” and on Election Day in 2016, tweeted, “Can I run the anti-anti-islamophobia department in the Trump administration?”

Goldstein has said she sees Ronald Lauder — the philanthropist, World Jewish Congress president and conservative donor — as an ally. In a virtual conversation between the two hosted by Manhattan’s Fifth Avenue Synagogue last year, Goldstein thanked Lauder for his “support and his friendship,” and Lauder called Goldstein “so smart and wonderful.” Lauder was also involved with the movement’s effort to establish End Jew Hatred Day in New York City last year.

Ronald S Lauder, President of the World Jewish Congress (WJC) recorded before a bilateral a conversation with Chancellor Scholz. (Michael Kappeler/Getty Images)

End Jew Hatred has also worked with Dov Hikind, a former Brooklyn Democratic state assemblyman who now runs a group called Americans Against Antisemitism. Hikind’s group has partnered with End Jew Hatred, and he has appeared at its events. Hikind told the New York Jewish Week that his group and End Jew Hatred are “involved in terms of pushing the same agenda.”  

Hikind has stirred controversy as well: In 2013, he wore blackface as part of a Purim costume, and in 2005, sponsored a bill that would have allowed police to profile Middle Eastern men on the subway. He was a follower of the late right-wing extremist Rabbi Meir Kahane.

Controversy or consensus?

Even as its right-wing connections have sparked suspicion from progressive activists, End Jew Hatred has garnered support from establishment Jewish groups. The Conference of Presidents of Major American Jewish Organizations promoted End Jew Hatred Day on Twitter last week, posting a graphic with the logo of the movement. And the city’s Jewish Community Relations Council also backed the City Council resolution. 

“All people, regardless of party affiliation, have a role to play in combating antisemitism and other forms of hatred, and we should not lose sight of that,” a JCRC spokesperson told the New York Jewish Week. “From our perspective, every day should be End Jew Hatred Day.” 

Lauder has also advocated the use of the term “Jew hatred” in place of antisemitism in a video published by the World Jewish Congress that has been viewed more than 480,000 times. 

“No one is embarrassed anymore when they’re called an antisemite,” he said. “Antisemitism must be called what it really is: Jew hatred.”

That view is not universally shared among antisemitism watchdogs. Holly Huffnagle, the American Jewish Committee’s U.S. director for combating antisemitism, said that the term “Jew hatred” is “jarring” and “makes people stop and think.” But she said the term does not capture the way antisemitism is often expressed via coded conspiratorial language.

“[People] might not know what [the term] antisemitism is, but Jew hatred they know,” she said. “In that sense it can be used to get attention, to help people call it out.”

“On the other hand, the antisemitism we see today, in its primary form, which is conspiratorial, is not captured by the term ‘Jew hatred,’” she added. “I hear from a variety of people that they don’t hate Jews, they’re against Jew hatred, they’re not antisemitic, but they believe that Jews have too much power [or] they control the media.”

And End Jew Hatred’s right-wing ties have also made some progressive activists in its home base of New York City wary of its motives. The lead sponsor of the City Council’s End Jew Hatred Day resolution was Queens Republican Inna Vernikov, a former aide to Hikind who has previously spotlighted antisemitism allegations at the City University of New York. 

Her resolution, which passed overwhelmingly, garnered a mix of 14 co-sponsors, including some prominent Jewish Democrats and all six of the council’s Republicans — two of whom have links, respectively, to white supremacists and a person arrested for storming the U.S. Capitol on Jan. 6, 2021. 

Council Member Inna Vernikov introduced a resolution to create an annual “End Jew Hatred” day in the New York City Council on April 27, 2023. (New York City Council Flickr)

Those right-wing connections were part of what led six progressive council members to either abstain from or vote against the resolution. One of the council members who voted no, Brooklyn’s Shahana Hanif, told the New York Jewish Week that she has participated in multiple actions against antisemitism but opposed the resolution because she didn’t want to endorse End Jew Hatred as a movement. 

“Antisemitism is real,” Hanif said. “I understand the urgency. I understand the opportunity when there is a resolution or any kind of symbolic gesture that comes along, that every legislator wants to be united in supporting our Jewish colleagues. But in the same breath, it is our responsibility to know who is leading on these efforts.” 

City Comptroller Brad Lander, a prominent Jewish progressive politician, vouched for Hanif’s record of standing up to antisemitism and echoed her concerns. He told the New York Jewish Week that End Jew Hatred’s activists are “right-wingers who have a track record of working very closely with people who foment hatred.” 

Jews for Racial and Economic Justice, a progressive group, also opposed the resolution. Rafael Shimunov, a member of the group, said the resolution was “clearly associated with the right,” and noted that at a hearing ahead of the vote, an activist decried bail reform, something right-wing advocates have pushed for years to repeal

Shimunov also took issue with remarks Vernikov has made about George Soros, the billionaire Jewish liberal megadonor who has become an avatar of right-wing antisemitism, and whom Vernikov called ”an evil man, who happens to be Jewish.” JFREJ activists also noted that also noted that some Republican cosponsors of the bill, such as Vernikov, Vickie Paladino and Joann Ariola, have called for transgender women to be barred from women’s sports at schools and universities.  In addition, Paladino has a history of anti-LGBTQ comments. The activists say these views undercut the council members’ calls to oppose hatred directed at Jews.

End Jew Hatred’s supporters dismissed accusations that their cause is right-wing. In a text message, Vernikov told the New York Jewish Week that “this resolution has nothing to do with politics or right-wing extremists.” Hikind also echoed that message. 

“Everyone in the Jewish community supported this idea,” Hikind said. “To say it’s just right-wing organizations is dishonest and hypocritical.” 

Filliti, the Lawfare counsel, said the aim of the resolution — and End Jew Hatred as a whole — was to send “a unifying message.”

“We’re not looking to make this political,” he said. “We have had so much success with this and we are so happy to see this going forward.”


The post The End Jew Hatred Movement is spreading across the country — and sparking controversy appeared first on Jewish Telegraphic Agency.

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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.”

The post Jewish and Muslim leaders avoided the hardest interfaith topic for years, and now face a ‘massive fault line’ appeared first on The Forward.

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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.

The post Documentary alleging Israel committed wanton killing in Gaza gets standing ovation in Venice appeared first on The Forward.

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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.

Kenneth Falk, legal director of American Civil Liberties Union of Indiana, delivers oral arguments before the state Supreme Court on Sept. 10, 2026. (Screenshot)

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.

The post A case pitting Indiana Jews against an abortion ban heads back to court appeared first on The Forward.

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