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How the Holocaust is remembered in the land of Anne Frank
(JTA) — You’d think that in a country so closely identified with Anne Frank — perhaps the Holocaust’s best-known victim — cultivating memory of the genocide wouldn’t be a steep challenge.
That’s why a recent survey, suggesting what the authors called a “disturbing” lack of knowledge in the Netherlands about the Holocaust, set off alarm bells. “Survey shows lack of Holocaust awareness in the Netherlands,” wrote the Associated Press. “In the Netherlands, a majority do not know the Holocaust affected their country,” was the JTA headline. “The Holocaust is a myth, a quarter of Dutch younger generation agree,” per the Jerusalem Post.
“Survey after survey, we continue to witness a decline in Holocaust knowledge and awareness. Equally disturbing is the trend towards Holocaust denial and distortion,” Gideon Taylor, the president of the Conference of Jewish Material Claims Against Germany, which conducted the study, said in a statement.
Like other recent studies by Claims Conference, the latest survey has been challenged by some scholars, who say the sample size is small, or the survey is too blunt a tool for examining what a country’s residents do or don’t know about their history. Even one of the experts who conducted the survey chose to focus on the positive findings: “I am encouraged by the number of respondents to this survey that believe Holocaust education is important,” Emile Schrijver, the general director of Amsterdam’s Jewish Cultural Quarter, told JTA.
One of the scholars who says the survey doesn’t capture the subtleties of Holocaust education and commemoration in the Netherlands is Jazmine Contreras, an assistant professor of history at Goucher College in Maryland. Contreras studies the historical memory of the Holocaust and Second World War in Holland. In a Twitter thread earlier this week, she agreed with those who say that “the headline that’s being plastered everywhere exaggerates the idea that young people in NL know nothing about the Holocaust.”
At the same time, she notes that while the Netherlands takes Holocaust education and commemoration seriously, it has a long way to go in reckoning with a past that includes collaboration with the Nazis, postwar antisemitism, a small but vocal far right and a sense of national victimhood that often downplays the experience of Jews during the Shoah.
“It’s such a complex issue,” Contreras told me. “There’s no one answer to how the Holocaust is remembered in the Netherlands.”
Today is International Holocaust Remembrance Day, and I took the opportunity to speak with Contreras not only about Dutch memory, but how the Netherlands may serve as an example of how countries deal with Holocaust memory and the national stories they tell.
Our interview was edited for length and clarity.
Jewish Telegraphic Agency: Tell me a little bit about when you saw the survey, and perhaps how it didn’t mesh with what you know about the Netherlands?
Jazmine Contreras: My major problem is that every single outlet is picking up this story and running a headline like, “Youth in the Netherlands don’t even know the Holocaust happened there. They cannot tell you how many people were killed, how many were deported.” And I think that’s really problematic because it paints a really simplistic picture of Holocaust memory and Holocaust education in that country.
There are multiple programs, in Amsterdam, in other cities, in Westerbork, the former transit camp. They have an ongoing program that brings survivors and the second generation to colleges, to middle schools and primary schools all across the country. And they also have in Amsterdam a program called Oorlog in Mijn Buurt, “War in My Neighborhood,” and basically young people become the “memory bearers” — that’s the kind of language they use — and interview people who grew up and experience the war in their neighborhood, and then speak as if they were the person who experienced it, in the first person.
You also have events around the May 4 commemoration remembering the Dutch who died in war and in peacekeeping operations, and a program called Open Jewish Houses [when owners of formerly Jewish property open their homes to strangers to talk about the Jews who used to live there]. It’s really amazing: I’ve actually been able to visit these formerly Jewish homes and hear the stories. And, of course, the Anne Frank House has its own slew of programming, and teachers talk a lot about the Holocaust and take students to synagogues in places like Groningen, where they have a brand new exhibit at the synagogue. They are taking thousands at this point. The new National Holocaust Names Memorial is in the center of Amsterdam.
I think, again, this idea that children are growing up without having exposure to Holocaust memory, or knowledge of what happened in the Netherlands, is a bit skewed. I think we get into a dangerous area if we’re painting the country with a broad brush and saying nobody knows anything about the Holocaust.
Have you anecdotal evidence or seen studies of Dutch kids about whether they’re getting the education they need?
Anecdotally, yes. I was invited to attend a children’s commemoration that they do at the Hollandsche Schouwburg theater in Amsterdam, which is the former Dutch theater that was used as a major deportation site. And it’s children who put on a commemoration themselves. Again, not every child is participating in this, but if they’re not participating in the children’s commemoration, then they’re doing the “War in My Neighborhood” program, or they’re doing Open Jewish Houses, or they’re taking field trips. That’s pretty impressive to me, and it’s pretty meaningful. They want to help participate in it in the future. They want to come back because it leaves a lasting impression for them.
Let’s back up a bit. Anne Frank dominates everyone’s thinking about Holland and the Holocaust. And I guess the story that’s told is that she was protected by her neighbors until, of course, the Nazis proved too powerful, found her and sent her away. What’s right and what’s wrong about that narrative?
Don’t forget that Anne Frank was a German Jewish refugee who came to the Netherlands. And I think that part of the story is also really interesting and left out. She’s this Dutch icon, but she was a German Jewish refugee who came to the Netherlands, and the Dutch Jewish community was single-handedly responsible for funding, at Westerbork, what was first a refugee center. I think that’s really complicated because now we also have a discourse about present-day refugees and the Holocaust.
Jazmine Contreras, an assistant professor of history at Goucher College, specializes in Dutch Holocaust memory. (Courtesy)
I’ve also never quite understood the insistence on making her an icon when the end of the story is that she’s informed on and dies in a concentration camp. The idea that the Franks were hidden here fits really well into this idea of Dutch resistance and tolerance, and her diary often gets misquoted to kind of represent her as someone who had hope despite the fact that she was being persecuted. In the 1950s, her narrative gets adopted into the U.S., and we treat it as this globalizing human rights discourse.
We don’t talk about the fact that she’s found because she’s informed upon, and we don’t talk about the fact that you had non-Jewish civilians who were informers for a multitude of reasons, including ideological collaboration and their own financial gain.
And when it was talked about most recently, it was about a discredited book that named her betrayer as a Jew.
That was a huge controversy.
I get the sense from your writing that the story the Dutch tell about World War II is very incomplete, and that they haven’t fully reckoned with their collaboration under Nazi occupation even as they emphasize their own victimhood.
On the national state level, they have officially acknowledged not only the extensive collaboration, but the failure of both the government and the Crown to speak out on behalf of Dutch Jews. [In 2020, Prime Minister Mark Rutte formally apologized for how his kingdom’s wartime government failed its Jews, a first by a sitting prime minister.] Now, the question is, what’s happening in broader Dutch society?
Unfortunately, there was an increase in voting for the Dutch far right, although they’ve never managed to get a majority or even come close to it.
Something else that’s happening is that many ask, “Why should Dutch Jews get separate consideration after the Second World War, a separate victimhood, when we were all victimized?” The Netherlands is unique because it’s occupied for the entirety of the Second World War — 1940 to 1945. There is the civil service collaborating, right, but there’s no occupation government. So it’s not like Belgium. It’s not like France, not like Denmark. And there was the Hunger Winter of 1944-45 when 20,000 civilians perished due to famine. You have real victimhood, so people ask, “Why are the Jews so special? We all suffered.”
And at the same time, scholarship keeps emerging about the particular ways non-Jewish Dutch companies and individuals cooperated with the Nazis.
The NIOD Institute for War, Holocaust and Genocide Studies in Amsterdam, which has done so much of this research, found that Jews who were deported had to pay utility bills for when they weren’t living there. You have a huge controversy around the the Dutch railway [which said it would compensate hundreds of Holocaust victims for its role in shipping Jews to death camps]. The Dutch Red Cross apologized [in 2017 for failing to act to protect Jews during World War II], following the publication of a research paper on its inaction. A couple of decades ago, the government basically auctioned off paintings, jewelry and other Jewish possessions, and in 2020 they started the effort to give back pieces of art that were in Dutch museums. Dienke Hondius wrote a book on the cold reception given to survivors upon their return. Remco Ensel and Evelien Gans also wrote a book on postwar Jewish antisemitism.
So a lot has been happening, a lot of controversies, and, thanks to all of this research, a lot happening in order to rectify the situation.
It sounds like a mixed story, of resistance and collaboration, and of rewriting the past but also coming to terms with it.
There’s a really complex history here of both wanting to present it as “everybody’s a victim” and that the resistance was huge. In fact, the data shows 5% of the people were involved in resistance and 5% were collaborators. So it’s not like this wholesale collaboration or resistance was happening. It was only in 1943, when non-Jewish men were called up for labor service in Germany, that they got really good at hiding people and by then it was too late.
Right. My colleagues at JTA often note that the Nazis killed or deported more Dutch Jews per capita than anywhere in occupied Western Europe — of about 110,000 Jews deported, only a few thousand survived.
Yes, the highest percentage of deportation in Western Europe.
A room at the Anne Frank House museum where she and her family hid for two years during the Holocaust in Amsterdam, the Netherlands. (Photo Collection Anne Frank House)
Since this week is International Holocaust Remembrance Day, let me ask what Holland gets right and wrong compared to maybe some other European countries with either similar experiences or comparable experiences.
The framing of that question is difficult because there’s so many unique points about the Holocaust and the occupation in the Netherlands. Again, it was occupied for the entirety of 1940-45. You have a civil service that was willing to sign Aryan declarations. The queen, as head of a government in exile in London, is basically saying, “Do what you need to just to survive.”
One of the big problems is there are people like Geert Wilders [a contemporary right-wing Dutch lawmaker] who practice this kind of philo-Semitism and support of Israel, but it’s really about blaming the Muslim population for antisemitism and saying none of it is homegrown. They don’t have to talk about the fact that there was widespread antisemitism in the aftermath of the Holocaust.
In the Netherlands they’re not instituting laws around what you can and can’t say about the Holocaust like in Poland [where criticizing Polish collaboration has been criminalized]. There are so many amazing educational initiatives and nonprofit organizations that are doing the work. And even these public controversies ended up being outlets for the production of Holocaust memory when survivors, but mostly now the second and third generations, use that space to talk about their own family Holocaust history.
Tell me about your personal stake in this: How did the Holocaust become a subject of study for you?
I specialize in Dutch Holocaust memory. I’m not Jewish, but my grandparents on my mother’s side are Dutch. For my first project I looked at relationships between German soldiers and Dutch women during the war during the occupation, and I eventually kind of made my way into the post war, when these children of former collaborators were still very marginalized in Dutch society. It ties into this. I do interviews with members of the Jewish community, children of resistance members and children of collaborators and how these memory politics play out.
What is the utility of events like International Holocaust Remembrance Day and the major Holocaust memorials in educating the public about the Holocaust and World War II?
International Holocaust Remembrance Day and May 4 result in the production of new memories about the Holocaust and the Second World War. I was at the 2020 International Holocaust Remembrance Day commemoration when the prime minister formally apologized. It was a really big moment, and it allowed the Jewish community, and the Roma and Sinti community, a space to remember and to share in that and to speak to it as survivors and the second and third generation.
Unlike the United States, the Netherlands is a small, insular country, so the relationship between the public and the media and academics is so close. So in the weeks before and the weeks after these memorials, academics, politicians and experts are publishing pieces about memory. That’s useful to the production of new memories and information about the Holocaust.
But what about the other days of the year? Will putting a monument in the center of Amsterdam actually change how people understand the Holocaust? That is a question that I think is harder to answer. The new monument features individual names of 102,000 Jews and Roma and Sinti and visually gives you the scope of what the Holocaust looked like in the Netherlands. But does that matter if somebody lives outside of Amsterdam and they’re never going to see this monument?
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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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