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With goblins, spellcasters and delis, board game makers are imagining new Jewish worlds
(JTA) — Running a not-so-Zagat-rated deli, dropping into a Chinese restaurant for Christmas Eve dinner and acting out a bat mitzvah that involves a vampire — for contemporary board game fans, those can be all in an evening’s play.
That’s because a crop of new games aims to merge Jewish ideas and experiences with the aesthetics and language of games such as Dungeons & Dragons. Dream Apart places players in a fantastical reimagining of a 19th-century shtetl, for example, while J.R. Goldberg’s God of Vengeance draws inspiration from the Yiddish play of the same name. In the games in Doikayt, a collection released in 2020, players can literally wrestle with God.
Known as tabletop role-playing games because they ask players to take on a character, these games and their creators imagine exciting new worlds, subvert classic tropes in fun and irreverent ways, and reinterpret Jewish history and identity.
Tabletop role-playing games like Dungeons & Dragons and Call of Cthulhu have exploded in popularity over the past several years, with many — including at least one group of rabbis — picking up the Zoom-friendly hobby during the height of the COVID-19 pandemic. But the new Jewish games aim to do more than just provide a diversion or even an escape.
“Depending on your family, depending on your synagogue, depending on your community, you may have gotten more or fewer options of what Jewishness could mean in your imagination,” said Lucian Kahn, who created a trilogy of humorous Jewish role-playing games.
“What some of these games are doing is opening that up and pointing to alternate possibilities of imagining Jewishness, not as a way of converting anyone to anything else, but just as a way of showing the tradition is enormous,” he added.
Kahn is the creator of If I Were a Lich, Man, a trilogy of humorous games whose name is a mashup between a “Fiddler on the Roof” song and an undead character, the lich, that frequently appears in fantasy fiction and games. In the title game, players are Jewish liches — spellcasters whose souls, in the lore of Dungeons & Dragons, are stored in phylacteries, the Greek word for tefillin used by Jews in prayer. Representing the four children of the Passover seder, they debate how their community should address the threat of encroaching holy knights.
In some cases, the association of Jews with monsters has given rise to charges of antisemitism — the goblins of “Harry Potter” offer a prime example. But Kahn said he sees Jewish-coded monsters, and queer-coded villains, as figures of resistance.
“There’s a long tradition of looking at the monster and seeing that the reason why these are monsters is because the people who have oppressive power have decided that these are going to be the enemies of the ‘good’ oppressive powers,” Kahn explained. “But if you don’t agree with their ideology, if you’re seeing yourself as being a member of a marginalized community and being in opposition to these oppressive powers, then you can look at the qualities assigned to these monsters and some of them are qualities that are good.”
For Kahn, Jewish-coded monster characters also provide more of an inspiration than the archetypes of more traditional games.
“Maybe somebody thinks they’re insulting me or insulting Jews,” he said. “My response is: I like vampires and liches and trolls and goblins and think they’re much more interesting than bland white muscular humans running through the fields with a cross on their chest hacking at the same things with a sword over and over again.”
Kahn’s outlook has resonated in the tabletop role-playing game community. In February, he and Hit Point Press launched a Kickstarter to fund production of If I Were a Lich, Man. The campaign smashed its $5,000 goal, raising $84,590, enough to hit one of the campaign’s stretch goals of funding a grant to support independent zines about tabletop role-playing games.
The successful campaign means that Kahn’s three games will go into production. In addition to the game about liches, the trilogy includes Same Bat Time, Same Bat Mitzvah, in which players act out a bat mitzvah where one guest has been turned into a vampire, and Grandma’s Drinking Song, inspired by how Kahn’s Jewish great-great grandmother and her children survived in 1920s New York City by working as bootleggers during Prohibition.
In Grandma’s Drinking Song, players write a drinking song together as they act out scenes. Kahn, the former singer/songwriter and guitarist for Brooklyn Jewish queercore folk-punk band Schmekel, wanted to carry over elements of music into this game.
A throughline in all three games is the power of creative resistance to authority — a narrative that Kahn said strikes him as particularly Jewish.
“There are all these stories in Jewish folklore that are really overtly about finding trickster-y or creative ways of fighting back against oppressive and unjust governmental regimes, evil kings, bad advisors,” Kahn said. “One of the first stories I ever heard in my life was the Purim story, so it’s very embedded in my mind as a part of Jewish consciousness, when evil rulers come to power and try to kill us all, we’re supposed to find these outside-the-box ways of preventing that from happening.”
For some Jewish creators, Jewish holidays are an explicit inspiration. Like many Jewish kids of the ‘80s and ‘90s, Max Fefer, a civil engineer by day and game designer by night, grew up loving the picture book “Herschel and the Hanukkah Goblins,” which remains a popular festive text. But as Fefer notes, goblins are often associated with antisemitic stereotypes. Fefer’s first Jewish game, Hanukkah Goblins, turns the story on its head — players interact as the jovial goblins, who are here not to destroy but to spread the spirit of Hanukkah to their goblin neighbors.
Last year, Fefer launched a successful Kickstarter for another Jewish holiday-inspired tabletop role-playing game, Esther and the Queens, where players assume the roles of Esther and her handmaidens from the Purim story, who join together to defeat Haman by infiltrating a masquerade party as queens from a far-off land.
Esther and the Queens channels Fefer’s Purim memories and includes carnival activities, including Skee-Ball; a calm, relaxing Mishloach Manot basket-making; and a fast-paced racing game.
“All of our holidays, they’re opportunities for us to gather as a community in different ways,” Fefer said. “Watching this satirical, comedic retelling of the story of Purim and the Esther Megillah and coming together into a theater, in a synagogue, to watch these spiels and laugh together and spin the graggers when we hear Haman’s name — all of those things help us build identity and community, and I think games in particular surrounding identity, that’s a great way for a Jewish person themselves to feel seen in a game and reinforce their identity, and share their background with friends.”
Another pair of Jewish game creators, Gabrielle Rabinowitz and her cousin, Ben Bisogno, were inspired by Passover.
“The seder is kind of like an RPG in that it’s a structured storytelling experience where everyone takes turns reading and telling, and there’s rituals and things you do at a certain time,” Rabinowitz said. “It’s halfway to an RPG.”
The game became a pandemic project for the two of them, and alongside artist Katrin Dirim and a host of other collaborators, they created Ma Nishtana: Why Is This Night Different? — a story game modeled on their family’s seder. The game follows the main beats of the Exodus story, and in every game, there will be a call to action from God, a moment of resistance, a departure and a final barrier — but different characters and moments resonate depending on the players’ choices.
As an educator at the Museum of Natural History, Rabinowitz said she is often thinking about how to foster participation and confidence, and she wanted to create a game-play mechanic to encourage players to be “as brazen as her family is.” The result was an in-game action called “Wait! Wait! Wait!” — if players wish to ask a question, make a suggestion, disagree with a course of action or share a new perspective, they can call out “Wait! Wait! Wait!” to do so.
The game also includes a series of scenes that are actively roleplayed or narrated, and each includes a ritual — one that can be done in-person or an alternate remote-friendly version. For example, at one point each player must come up with a plague inspired by the new story they’re telling together, and in the remote version, players go camera-off after reciting theirs.
“The fact that it was created during the pandemic and a way for us to connect and other people to connect with each other is really the soul of the game,” Rabinowitz said. “After each person tells a plague, by the end, all the cameras are off and everyone stays silent for another minute. It’s a hugely impactful moment when you’re playing remotely. The design is interwoven in the game itself.”
Rabinowitz said by playing a story of a family undergoing these trials, the themes of family and identity deepen every time she plays the game.
“A lot of people say, ‘Wow, I’ve never felt more connected to this story,’” she said. “Embodying these characters gave me a feeling of relevance and that makes it feel important as a Jewish precept.”
For other creators, that deep connection comes in more lighthearted scenarios. Nora Katz, a theatremaker, game designer and public historian working at the Goldring/Woldenberg Institute of Southern Jewish Life (ISJL) by day, created the Jewish deli-centered game Lunch Rush, which was included in the Doikayt anthology.
“There’s also types of institutions that come up a lot in [tabletop role-playing games], especially sort of high fantasy,” she said. “Everyone meets in a tavern, there’s an inn, things like that. So the idea of a deli as a central gathering place in a world like that felt fun to me.”
An important element of Lunch Rush is that players must be eating while playing, so for Katz’s first round with friends, they got together with chocolate chip ice cream and dill pickle potato chips. She said the deli is a shared language, and her fellow players were all bringing in their own favorite things about delis they loved into the fictional place they were building together.
Tabletop role-playing games “at their core are about collaboration and relationships and storytelling and community, and for me, all of those things are also what Jewishness is about, to me they totally go hand in hand,” Katz said.
The games are not meant to be for Jewish players only. Rabinowitz said the guidebook for Ma Nishtana includes essays to encourage people to further engage with the narrative.
“Jewish players, non-Jewish players, priests, non-religious people, all different people have played it and almost all of them have told us it’s given them a new way of thinking of how they relate to religious tradition, and I didn’t really set out to do that,” Rabinowitz said. “I feel really privileged to have helped create that space.”
Rabinowitz and Bisogno also commissioned other creators to build alternate backdrops for their game, so it can be repurposed to telling the story of another oppressed people’s fight for freedom. Players can interact as embattled yaoguai, spirits from Chinese mythology; explore a Janelle Monáe-inspired Afrofuturist world; play as Indigenous land defenders; or unionize as exploited workers at “E-Shypt.”
Fefer, who has been amplifying the work of other Jewish creators in the tabletop role-playing game space, said the harm of stereotyping and reinforcing negative tropes is still present in the industry, and not just for Jewish people. For example, fans recently criticized Dungeons & Dragons publishers Wizards of the Coast for reinforcing anti-Black stereotypes in the descriptions of a fantasy race, the Hadozee.
“I think it’s a process of talking to people who are from these groups and bringing them onto your teams and making sure you’re incorporating their perspectives into, in the example of Dungeons & Dragons, a hundred-million-dollar industry, being intentional about that design and looking at things from lots of different angles,” Fefer said. “How could our branding, our games be reinforcing something we’re not even aware of?”
Fefer hopes people who play Hanukkah Goblins and Esther and the Queens feel seen and have moments of shared joy, and also that they learn something from these games — about the antisemitic tropes in fantasy, or about underrepresented groups within the Jewish community. With Esther and the Queens, Fefer collaborated with a writer and artist, Noraa Kaplan, to retell the Purim story from a queer and feminist lens, drawing on Jewish texts that the pair said shows the long presence of queer and trans people in Jewish tradition.
“We have a lot of richness within Judaism to share our culture and share our upbringing but also just be representation,” Fefer added. “We’re living in a time of heightened antisemitism and the world being a gross place to be at times, and we can really bring the beauty of Judaism into game design and create experiences for people that are both representative of Judaism and also just very Jewish experiences.”
But for all the important conversations and learning experiences that can come from Jewish tabletop role-playing games, Katz said the goofiness and joy is important, too.
“We live in such a horrendous society that is of our own making,” she said. “If you can, for a little while, enjoy an anticapitalist fictional deli that you and your friends live in, I think that’s great.”
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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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