The following is the opinion and analysis of the writer. Alma Hernandez is a Democratic member of the Arizona House of Representatives for Legislative District 3. She is a candidate for the state House seat in LD 20:
As a Jewish woman elected to uphold the rights guaranteed to Arizona citizens under federal and state law, the assault on abortion access in the United States is as much a religious and cultural issue to me as it is a legal one.
Jewish Law dictates every aspect of life — including what to eat, what to wear, and, of course, the ethics of abortion. The position of Jewish Law permitting abortion is nuanced, but it is essential to illustrate in light of recent events. Preserving women’s right to safe abortion access — until recently protected by the U.S. Supreme Court’s opinion in Roe v. Wade — is a Jewish issue.
On June 24, the Supreme Court majority in Dobbs v. Jackson Women’s Health Organization ruled that the “Constitution does not confer a right to abortion.” In the wake of the shocking ruling, as many as 26 states are considered “certain or likely to ban abortion,” in some cases even for rape victims and the victims of incestuous abuse, according to the Guttmacher Institute. Just 25% of Americans maintain confidence in the Supreme Court, a historic low and down from 36% just last year in 2021. Furthermore, several weeks before the opinion was handed down, and a draft was leaked in an unprecedented breach of trust within the court, one that arguably may not be able to be repaired, forced women’s reproductive rights to become a hot topic once again.
People are also reading…
The Supreme Court literally cited Jewish Law in its landmark Roe v. Wade decision in 1973. The landmark case included a comprehensive discussion of the many differing views on when life begins. To understand why Judaism supports abortion rights, one must understand what our faith says about when life begins. The Talmud asserts that during the first 40 days of pregnancy, the fetus is “mere water.” After those 40 days, the fetus is a part of the woman’s body. The fetus does not possess individual rights until the first breath of oxygen allows the soul to enter its body.
The Book of Exodus is also an instructive source on abortion rights. It relays a story of two men whose fighting injures a pregnant woman, causing her to miscarry inadvertently. Whereas murder and manslaughter called for corporal punishment, the death penalty, the men in this story were forced to pay a fine. The rabbinical interpretation is clear: The men did not end a life. The primary concern was that of the mother, explaining the principle “tza’ar gufah kadim,” which asserts that her physical and mental welfare is primary.
The religious and cultural Jewish beliefs surrounding abortion have resulted in most Jews supporting abortion access. According to Pew Research, 83% of American Jews support legal abortion in all or most cases, more than any other religious group surveyed.
Israel, the homeland of the Jewish people, takes a progressive view on abortion, and efforts are underway to make the procedure even easier to access. Abortion in Israel is not only legal, and it is often free for the mother. In the Jewish State, some 90% of applications for abortions are subsidized by the national health system. Health Minister Nitzan Horowitz is working to make the system even more progressive to ensure the decision is the woman’s, and the woman’s alone, under a new regulation approved by a committee of the Knesset, Israel’s legislature, on June 28 — mere days after the Dobbs ruling.
At the same time, the United States is looking to restrict abortion, and my home state of Arizona is one of the most restrictive states for women. For the last four years that I have served, it is a topic that continues to be brought up and attempts to make it even more difficult have continued year after year. As Israel continues to reform its abortion laws, the United States is shamefully moving in the opposite direction.
Overturning Roe v. Wade disallows Jewish women from following the practice of our religion. When abortion is permitted and sometimes — mainly when the mother’s life and health are at risk — even required in Judaism, legal restrictions and bans become a First Amendment issue. The Constitution protects religious freedom and the free exercise thereof, and in Judaism, that inherently includes our access to abortion. A comprehensive assault on women’s reproductive rights is unconstitutional under the First Amendment, and we must not accept it.
As Jews, it is a part of our religion, history, and heritage to defend safe and legal abortion access. As a Jewish woman, I am committed to making my voice heard. There has never been a more crucial time to stand up for women’s reproductive rights and religious freedom. Together, we can create a more progressive and inclusive society.
State Rep. Alma Hernandez, a Tucson native, sponsored a bill that was signed into law requiring Arizona schools to teach older grades about the Holocaust.
Contact Alma Hernandez on Twitter: @almaforarizona.