Jews paused Indiana’s abortion ban — by turning a religious freedom law against the evangelical right

Guno צְבִי

We fight, We win, Am Yisrael Chai
When Elly Cohen chose to terminate her pregnancy in 2022, it aligned with her understanding of Jewish law that life begins at birth, not conception.

Cohen and her husband were eager to give their then 4-year-old daughter a sibling. But her fetus had been diagnosed with Trisomy 18, a severe chromosomal disorder that, in most cases, leads to death before birth or within the first year of life. She decided to end the pregnancy.

Had she gotten pregnant just a few months later, she might not have had that choice. She lives in Indiana, one of 13 states that enacted near-total bans on abortion following the Supreme Court’s Dobbs decision, which overturned Roe v. Wade.

That reality stirred Cohen into action. She co-founded Hoosier Jews for Choice, a Jewish group that advocates for abortion access, which joined five anonymous women of multiple faiths in a lawsuit backed by the American Civil Liberties Union. Their argument relied on a religious freedom law — the Religious Freedom Restoration Act, or RFRA — signed by former Indiana governor Mike Pence in 2015. It was one of many such state laws passed amid calls from some evangelical Christians to establish their right not to do business that violated their beliefs,

Hoosier Jews for Choice saw an opening for Jews to exercise their religious freedom under the same law, but for a purpose at odds with evangelical Christianity: to gain access to abortion. Earlier this month, Judge Christina Klineman of Marion County Superior Court agreed, permanently blocking enforcement of the state’s abortion ban for plaintiffs with sincere religious objections.

Hoosier Jews for Choice is celebrating the ruling as the biggest legal win to date in support of the argument that abortion bans violate Jews’ religious freedom. The group is hopeful that similar cases can build on the Indiana case’s success nationwide.

 
Bullshit....it's after 40 days.
When Elly Cohen chose to terminate her pregnancy in 2022, it aligned with her understanding of Jewish law that life begins at birth, not conception
 
When Elly Cohen chose to terminate her pregnancy in 2022, it aligned with her understanding of Jewish law that life begins at birth, not conception.

Cohen and her husband were eager to give their then 4-year-old daughter a sibling. But her fetus had been diagnosed with Trisomy 18, a severe chromosomal disorder that, in most cases, leads to death before birth or within the first year of life. She decided to end the pregnancy.

Had she gotten pregnant just a few months later, she might not have had that choice. She lives in Indiana, one of 13 states that enacted near-total bans on abortion following the Supreme Court’s Dobbs decision, which overturned Roe v. Wade.

That reality stirred Cohen into action. She co-founded Hoosier Jews for Choice, a Jewish group that advocates for abortion access, which joined five anonymous women of multiple faiths in a lawsuit backed by the American Civil Liberties Union. Their argument relied on a religious freedom law — the Religious Freedom Restoration Act, or RFRA — signed by former Indiana governor Mike Pence in 2015. It was one of many such state laws passed amid calls from some evangelical Christians to establish their right not to do business that violated their beliefs,

Hoosier Jews for Choice saw an opening for Jews to exercise their religious freedom under the same law, but for a purpose at odds with evangelical Christianity: to gain access to abortion. Earlier this month, Judge Christina Klineman of Marion County Superior Court agreed, permanently blocking enforcement of the state’s abortion ban for plaintiffs with sincere religious objections.

Hoosier Jews for Choice is celebrating the ruling as the biggest legal win to date in support of the argument that abortion bans violate Jews’ religious freedom. The group is hopeful that similar cases can build on the Indiana case’s success nationwide.

of course, the most common abortion use case is women aborting perfectly viable angels.
 
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