Halachah tells us Supreme Court ruling is wrong
Those Orthodox Jews who approve overturning Roe v Wade are going against Torah law
THE OVERTURNING of Roe v Wade by the United States Supreme Court, ending 50 years of decriminalising abortion, has brought intense reactions throughout the world at large, no less so throughout the Jewish world. Shockingly, the reactions of many Orthodox individuals and institutions in the US seem more in line with the Christian right than actual Torah law or reality on the ground.
Two statements in particular show the tremendous gap between the perception of abortion and the reality of abortion.
The Agudath Israel of America said it “welcomes this historic development. Agudath Israel has long been on record as opposing Roe v. Wade’s legalisation of abortion on demand... To be sure, there are certain extraordinary circumstances where our faith teaches that a woman should terminate her pregnancy… However, it must be reiterated that these cases are indeed extraordinary, rare exceptions to the rule that fetal life is entitled to protection.”
“Abortion on demand” is a demeaning rightwing slogan — as if women demand abortions as children demand sweets — and reveals the political nature of the statement.
Even further off base is an essay posted by the Rabbinical Alliance of America, entitled Why reversal of Roe v Wade is welcome, by Rabbi J David Bleich, which claims: “The argument that the lives of Jewish women will be endangered by rejection of Roe v. Wade is specious — and fully known to be so by those who advance it. Pregnant women had no constitutional difficulties in procuring medical abortions before Roe v. Wade and will face no constitutional barrier after its repeal…” He continues: “I daresay that no Jewish woman died as a result of legal restraints prior to Roe v. Wade. No Jewish woman is likely to die in the wake of its repeal... If any lives are lost it will be because of inability to afford the expense of travel, not because of constitutional impediment.”
The casual dismissal of Jewish women’s lives and suffering, not to mention the truth of Jewish law, which takes into account more than the immediate threat to life, has caused many to share and reshare their stories. Here a just a few:
“During my 20-week scan, the sonographer detected severe problems. It was agony. This baby was beyond wanted. But his prognosis was so bad that he would have no quality of life. Continuing the pregnancy would have severely impacted our family. We spoke to our rabbi, who consulted with a gadol [great rabbi]. His message was: Not only was this [abortion] halachically permissible, given the prognosis, it was something I should do.”
“My daughter was three months old, her brother just shy of two. I had severe, undiagnosed post-partum depression and occasional thoughts of suicide when I learned that I was pregnant. I could barely tend to my two babies at home, and ending it all seemed like an appealing alternative to life. I asked for a referral to an abortion provider. The doctor was a frum woman who didn’t recoil at the question from a young Chasidish wife. ‘This must be the first time anyone asked this question in this office,’ I said. ‘You’d be surprised at how many women came before you,’ she told me simply.”
“I was raped by an acquaintance and was so scared. I didn’t want to tell anyone, not even my husband. I did it alone. I was not able to talk to anyone at the time.”
I know Orthodox women who have terminated pregnancies when their lives were not at immediate risk, with the approval of a halachic authority. Orthodox women who have ended pregnancies include young teens who have been raped by authority figures or family members, whose mental health would never recover the shame of carrying and birthing the child.
They include women who cannot handle a pregnancy, birth and child, whether due to mental strain, abusive marriages, or physical conditions.
All of these scenarios and more happen often in the community. And the belief that rape and incest exceptions will be enough to save young girls is false. These states will likely require a police report, an additional shame and trauma for a young girl harmed by a community member. Self-harm will rise.
It is tragic when “leaders” prioritise political pandering over safeguarding their community. It is terrifying how easily women and girl’s pain and suffering is dismissed, discounted and halachah brushed aside.
In the words of a woman who terminated her pregnancy, “It’s all well and good to have opinions about abortion, but until you’re in the situation, it’s impossible to really know what you’re talking about. Halachah is compassionate and we should be, too.”
The casual dismissal of Jewish women’s lives has caused many to share their stories