Indiana Supreme Court hears Jewish group’s challenge to abortion ban
The Indiana Supreme Court in the United States heard oral arguments in a case in which the group Hoosier Jews for Choice is challenging the near-total abortion ban, citing a violation of religious freedom. The state is appealing a lower court ruling that in March indefinitely blocked enforcement of the ban in cases where it substantially restricts the religious practice of the plaintiffs, The Jerusalem Post reports.
Arguments of the parties
The hearing took place on September 10 in Indianapolis. Kenneth Falk, legal director of the American Civil Liberties Union of Indiana, who represents Hoosier Jews for Choice and two anonymous plaintiffs, said that the ban restricts the free exercise of religion. He referred to interpretations of Jewish law according to which the life of the mother takes priority over the life of the fetus.
Falk said that under Jewish law, human life begins with the first breath. At the same time, the article notes that liberal Jewish movements are generally more favorable toward abortion, while differing interpretations exist among Orthodox scholars. Responding to Chief Justice Loretta Rush’s question about later stages of pregnancy, the attorney said that no one would advocate abortions of a viable fetus.
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The state’s position and support for the lawsuit
Indiana Solicitor General James Barta said that the tradition of protecting religious freedom in the United States does not provide for a right to intentionally take human life. He focused primarily not on religious arguments but on a procedural issue: in his view, the plaintiffs lack proper standing to sue because they are not currently seeking an abortion. One of the people who filed the lawsuit is planning a pregnancy and fears she will not receive necessary medical care if terminating the pregnancy becomes necessary.
The Hoosier Jews for Choice lawsuit was supported by the National Council of Jewish Women, the Anti-Defamation League, and representatives of the Reform, Conservative, and Reconstructionist movements, which submitted written positions to the court in support of the group. At the same time, the Jewish Coalition for Religious Liberty filed documents on the state’s side. Its attorney, Josh Blackman, noted that it is difficult to speak of a single Jewish teaching on abortion. There is no deadline for the Indiana Supreme Court to issue its decision.
