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The Hanukkah merch market has exploded. But are Jews feeling more represented?
(JTA) — It was early November when Nicholas Wymer-Santiago walked into his local Target in Austin, Texas, and realized it was beginning to feel a lot like Hanukkah.
Instead of an endcap with a limited array of Hanukkah basics, as he had seen in past years, there stretched out a whole aisle of holiday products: pillows; dreidel-shaped pet toys; window decals; menorahs in the shape of lions, corgis and whales; and so much more. Even the $5-and-under impulse-buys section filled with seasonal products had a supply of Hanukkah goods, including a Star of David-shaped bowl and a set of dishes labeled “sour cream” and “applesauce.”
“In a good way, it was overwhelming at first, because there’s so much and I kind of want to buy it all,” Wymer-Santiago recalled feeling as he stood in the holiday section, looking up at a large photograph of a Hanukkah celebration alongside others showcasing Christmas.
The higher education administrator at the University of Texas decided to limit himself, at first taking home just a tea towel and a matching mug printed with a Hanukkah motif.
“And then I came back twice, maybe three times and each time I bought more and more items that I know I probably don’t need,” he said. “I think I’ve just had so much excitement about the novelty of it all, and having the ability to purchase these items, many of which I’ve never seen before.”
Wymer-Santiago is hardly alone in loading his cart with Hanukkah merchandise. Across the United States, big-box stores appear to be stocking more Hanukkah products than ever — and while off-color items such as Hanukkah gnomes and “Oy to the World” dish towels have raised eyebrows, the real story might be that American retailers have decked their shelves with menorahs, tableware and other items that are appropriate, affordable and often downright tasteful.
For many American Jews, the result is a sense of inclusion at a time of unease — although some are wrestling with what it means to have access to a fast-fashion form of Judaica.
“It is very exciting to go into Target or Michaels or a Walmart and to see Hanukkah merchandise,” said Ariel Scheer Stein, an influencer who shares crafting and holiday content for Jewish families on Instagram, where she has more than 20,000 followers.
Social media influencers in Miami, New York City and Denver respond to the flood of Hanukkah products at their local Target shops in 2022. (Instagram/@jamwithjamie/@cupofjo)
“The feeling is almost like pride and like we’re being seen and represented,” Stein added. “In a sea of Christmas … it feels really great, even if it’s a much smaller representation, that the Jewish holiday is there also and the Jewish community is being acknowledged and represented.”
The idea that retailers have stocked up on Hanukkah goods to make Jews feel represented is tempting, but it’s probably not the only reason for a shift in the market, according to Russell Winer, deputy chair of the marketing department at New York University’s Stern School of Business. He said that while an endcap — the small set of shelves at the end of an aisle — might sometimes be given over for symbolic purposes, the devotion of an entire aisle at the busiest time of the year is purely a business decision.
“These stores are very sophisticated in what they put in them,” Winer said. “They’re not going to put stuff on the shelves, especially at the holidays, if they don’t think they’re going to sell.”
There are signs that the Hanukkah market might be much wider than the proportion of Americans who identify as Jewish, 2.5%, would suggest. Numerator, a respected consumer trends polling firm, found in a survey of 11,000 consumers conducted in January 2022 that 14% of respondents said they were “definitely” or “probably” celebrating Hanukkah this year, compared to 96% for Christmas. More than half of the Hanukkah celebrants said they expected to spend more than $50 on the holiday — suggesting that retailers can expect hundreds of millions of dollars in Hanukkah spending this year.
Part of that marketplace is the growing number of families in which Hanukkah is celebrated alongside other holidays, usually Christmas. Most American Jews who have married in the last decade have done so to people who are not Jewish, according to the 2020 Pew study of American Jews; most of them say they are raising their children exclusively or partly as Jews. They may want to have products that allow Hanukkah to share the stage equitably with the other celebrations in their family.
“I’m not terribly surprised from a cultural standpoint that there’s more merchandise,” said Winer, who is Jewish. He said he and his wife had purchased Hanukkah stockings for their grandchildren, who are being raised in two faith traditions. (Evangelical Christians and Messianics, those who adopt Jewish practices while believing in the divinity of Jesus, also represent an emerging market for Jewish ritual objects.)
Stein offered another theory to explain the uptick in interest in Hanukkah products: the fact that social media and Zoom meetings have made home lives more transparent than ever.
“The communal sharing of lives, whether you’re an influencer or even my friends on Facebook showing what their display is this year or taking a picture of a recipe they were really proud of, making latkes from scratch — there’s just more visibility than there has been in the past,” she said. “And that’s probably a factor.”
Whatever the reasons, shoppers are noticing. Like Stein and countless other Jewish influencers, Rabbi Yael Buechler, a devoted observer of Jewish consumer trends, has offered tours of Hanukkah merchandise to her social media followers. Wearing Hanukkah pajamas that she designed and sells, Buechler has posted 14 videos to TikTok showcasing the Hanukkah collections of national retailers and assigns each store a “yay” or “nay” based on several metrics, including whether items display accurate Hebrew or appear to be generic blue-and-white items being passed off as made for the holiday. The videos, which have been viewed hundreds of thousands of times, have given her a broad view of what’s available to the Hanukkah consumer.
Welcome to the second installment of Hanukkah merch: YAY or NAY? .@target edition .Items were rated by:If the product was beyond blue & white Correct Hebrew Whether the Hanukkiyah was kosher If the Hanukkah pun was goodWhether animal was Hanukkah punnable (i.e. Menorasaurus) .#hanukkahiscoming #hanukkahfails #hanukkahcountdown #hanukkahyayornay #yayornay #hanukkah2022 #targetfinds #hanukkahpresents #hanukkahpjs #hanukkahgifts #hanukkahcheck #chanukah2022
“I see a lot more products this year than any other year,” said Buechler, who works at a Jewish school outside New York City. “I see a lot of new prints. I see more creativity in the market. I see more humor in the market.”
Like Wymer-Santiago, Buechler said Target, which has 2,000 locations across the United States, stood out as offering the widest array of products and the lowest proportion of “fails,” or products that miss the mark religiously, culturally or aesthetically.
“They have really stepped it up,” Buechler said. “Target also carries the Nickelodeon ‘Rugrats’ Hanukkah sweatshirts that are just brilliant. … I would definitely say they get the biggest ‘yay’ for this year.”
Target, which has a track record of using inclusive imagery in its advertisements and in-store promotions, declined to answer questions about its offerings, including how much bigger its Hanukkah collection is this year than in the past and how widely the products for Jewish buyers have been distributed. But a spokesperson said the feeling Wymer-Santiago and Stein described after visiting their local stores is exactly what the company is trying to cultivate.
“Target is committed to creating an inclusive guest experience in which all guests feel represented,” the spokesperson wrote in an email. The spokesperson noted that Target’s Hanukkah assortment “was developed in collaboration with Jewish team members and input from our Jewish employee resource group” and crosses several of the retailer’s in-house brands.
One of those lines, Opalhouse by Jungalow, was created by a Jewish artist, Justina Blakeney. Last year, Blakeney’s first Hanukkah collection included plates and pillows, as well as a gold menorah shaped like a dove. This year, Blakeney added new pillow designs and a clay menorah.
Target’s website prominent promotes Hanukkah products, including from a house brand by a Jewish creator named Justina Blakeney. (Screenshot)
“If I could go back in time and tell elementary-school-aged Justina (or ‘Tina’ as I was called back then) that I would have a chance to design a Hanukkah collection for Target, I would have lost my mind,” she wrote in an October blog post revealing the collection.
Hanukkah goods have always been widely available through Jewish merchandisers and at synagogue bazaars — but those products have been available only to people who already engaged in Jewish communities. Amazon and other online retailers have increased access, but only for people who are hunting for Hanukkah supplies. A Hanukkah aisle at Target, in contrast, reaches the many Jews who may not already have robust holiday traditions.
Stein, who said she particularly regretted not snapping up a marble dreidel sculpture that quickly sold out at Target, said she saw only benefits in promoting major retailers’ Hanukkah offerings, even if doing so has made her something of an unpaid advertiser at times.
“Right now, especially with the rise of antisemitism, if there are ways that we can spur Jewish joy — and for me, that’s by sharing and inspiring people with different kinds of Hanukkah merch and home decor and jewelry — I think that’s great,” she said.
Not everyone is thrilled by the shift in the marketplace. The sweeping Hanukkah displays are drawing criticism from those who have long lamented that the American primacy of Christmas has caused Jews to focus too much on a minor holiday, while leaving holidays with more religious significance relatively uncelebrated.
“I think: What would it feel like to see a giant Shavuot display?” Wymer-Santiago said.
The fast-fashion aspect of the big-box retailers’ offerings, many of which are imported from China, also raises concerns about whether easy access to trendy Judaica comes at environmental and cultural costs.
“How about we don’t extract fossil fuels to make crap that no one needs and that makes Jewish communities less distinctive?” asked Dan Friedman, a writer and longtime climate activist, though he emphasized that systemic change, rather than tweaks to purchasing decisions by Jewish consumers, is needed to avert climate catastrophe.
For Buechler and others, the benefits of a mass-market Hanukkah merchandise boom outweigh any possible drawbacks.
“As a rabbi, I am all for anything that will make Hanukkah celebrations more engaging and potentially lengthen a family celebration,” said Buechler, who said her own collection had outgrown the four tubs it occupied several months ago, and that one of her favorite purchases was of a Hanukkah sweater for lizards that she bought for a friend’s guinea pig.
“I really do believe that owning different kinds of Hanukkah merch, whether apparel or otherwise, will increase the likelihood that a family will celebrate with friends with family for more nights than they would have last year,” she added.
Nicholas Wymer-Santiago takes a selfie showing off his menorah collection, mostly acquired at his local Target in Austin, Texas. (Courtesy of Wymer-Santiago)
Wymer-Santiago plans to celebrate the holiday with his family in Ohio, meaning that he will be leaving behind much of this year’s Target haul in his Austin apartment: the device that makes dreidel-shaped waffles, the window decals that advertise the holiday to passersby, the giant dreidel-shaped jar that he has filled with, well, dreidels. He said he planned to make room in his suitcase for at least one item: a $5 menorah that reminds him of his dog.
Wymer-Santiago said a piece of him worried that Target was taking advantage of his excitement about Jewish representation, the way it has been criticized for doing around LGBTQ Pride celebrations, to sell him stuff he doesn’t need.
“Every time I buy something from Target in general, but definitely for Hanukkah, I think about this,” he said. “But then I think: This thing is so cute. And I just need it.”
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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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