The explosive debate around abortion spurred by the U.S. Supreme Court’s rejection of a woman’s right to reproductive self-determination reminds us that the Jewish perspective on the topic is nuanced.
“Jewish law approaches each case according to its particular circumstances,” notes an article at chabad.org. This central dictum of halachah, Jewish law, makes generalizations difficult. One thing is almost universally accepted: abortion can be halachically required if the life of the mother is in danger.
In 2015, 83% of American Jews told Pew Research Forum that abortion should be legal in all or most cases, which is more than any other religious group, a finding around Jewish support for reproductive choice that has been true for decades. However, a story from the Jewish Telegraphic Agency recently noted that a growing alignment between some Orthodox Jews and the Republican party in the United States has led a minority of Jews to adopt what has been largely a conservative Christian approach to the subject.
The Orthodox Union released a statement that they are “unable to either mourn or celebrate” the court’s overturning of Roe. Their position is that an outright ban is unacceptable under Jewish law, but that abortion should be limited to cases where the mental or physical health of the mother is at stake, with an emphasis on the preservation of life. Further, they stated that abortion should be available regardless of someone’s economic status.
The tectonic decision by the court, overturning 49 years of precedent set by the landmark Roe v. Wade case, has set in motion frenetic activity across that country and beyond. State officials have had the issue thrown into their laps. The United States will become a patchwork of regulations on the subject. The ruling has led to triumphant celebrations by opponents of abortion and it has reenergized those endorsing reproductive freedom. What all of this will mean, not only for abortion rights but for social movements and society more broadly, can only be remotely imagined at this point.
The abortion decision was only one of several massive reversals of existing norms the U.S. court issued in its session. In other cases, the court made it more difficult for lower jurisdictions to limit access to firearms, weakened the power of federal agencies to address climate change and struck down a ruling that limited prayer in public schools (in this specific case, Christian prayer at school football games).
The succession of cases throws down a gauntlet that most people – whatever their opinions – knew was coming when the former president appointed three justices to the court, creating a 6-3 conservative majority.
In many cases, though, these decisions are deeply out of step with what the majority of the population believes. Of course, court rulings should not necessarily mirror societal norms. Historically, courts have made society-altering decisions in spite of opposition – desegregating public schools against the wishes of white racists, for instance. Leaving aside philosophy, public opinion may not be able to impact a Supreme Court packed with political appointees (three of whom testified in their nomination hearings that the abortion question was settled law) but public opinion will change society.
Anti-abortion activists (and anti-climate, anti-secularism and anti-gun control activists) have been celebrating their big wins in these cases.
In 1973, as pro-reproductive choice activists were celebrating their Supreme Court win, a new movement was gaining its footing. It would develop into one of the biggest, most powerful movements in American history, a new conservatism that led, among many other social and economic changes, to the elections of Ronald Reagan, two Bushes and Donald Trump. And it accomplished one of the core objectives it set out to address: it tipped the scales of the Supreme Court and stripped women of rights they have had since 1973.
Those who were celebrating in 1973 are today experiencing a vast array of emotions: grief, disillusionment, fear. But also rage, determination and purpose.
As the Roe decision did in 1973, last month’s ruling will launch a new movement that, like the new conservatism before it, will address a broad range of social issues and injustices. It was impossible, 49 years ago, to foresee the changes that would come. Whichever side one may be on, be assured that we have entered a new era.