Abortion is not a religious ritual protected by the First Amendment – Washington Examiner

A Jewish synagogue in Florida filed a lawsuit last week claiming the state's law banning abortion after 15 weeks, HB 5, violates the right to free exercise of religion. It argues that it threatens the Jewish people by imposing the laws of other religions upon Jews.

The Act establishes as the law of the State of Florida, a particular religious view about abortion and when life begins, which is contrary to the views of Plaintiff, its members, congregants, and supporters as well as many other Floridians, the plaintiff, Congregation LDor Va-Dor of Boynton Beach, Florida, said in the case.

In Jewish law, abortion is required if necessary to protect the health, mental or physical well-being of the woman, or for many other reasons not permitted under the Act.

Congregation LDor Va-Dor represents a unique brand of all-inclusive, universal, and rational Judaism that honors tradition, respects science, and celebrates spirituality, according to its website.

The synagogues rabbi, Barry Silver, characterizes himself online as a social activist Rabbi-rouser who practices cosmic Judaism. He was previously an attorney and Democratic state legislator, NPR noted.

The American Civil Liberties Union also filed a case against the Florida law based on the state constitutions individual privacy protections. But the synagogue isnt the first to object to abortion restrictions on religious liberty grounds.

Rabbis for Repro, a group formed by the National Council of Jewish Women, makes abortion activism a religious issue, lobbying for bills such as the Womens Health Protection Act, meeting with Congress, and organizing in local communities.

Daniel Eisenberg, an expert on traditional Jewish medical ethics, writes that the Jewish view does not fit neatly into the pro-choice or pro-life camps, though it is universally agreed that the fetus will become a full-fledged human being and there must be a very compelling reason to allow for abortion.

When the Dobbs v. Jackson Women's Health Organization decision leaked, the leadership of the Orthodox Union said they were unable to either mourn or celebrate.

Abortion has also been taken up as a religious issue by the Satanic Temple, which has filed multiple lawsuits in states with restrictions. The group regards abortion as a ritual and argues that it should be protected under the Religious Freedom Restoration Act.

States that outlaw abortion and do not grant exceptions present more significant challenges, but TST has a number of plans that we will be undertaking quite soon, TST wrote in a statement following the Dobbs leak. Actions include suing the FDA to permit TST access to Mifepristone and Misoprostol for use under medical supervision as part of our religious ritual and possibly creating religious abortion facilities.

Increasingly, abortion advocates point out that religions hold different stances on abortion, arguing abortion bans trample these other religious perspectives and default to Christianity. It allows two favorite issues of social conservatives, religious liberty and pro-life laws, to be framed as in conflict with each other. But seeking religious liberty protections is not the silver bullet some activists seem to think it is. When it comes to stopping the advance of abortion bans and other pro-life legislation, its just not a viable strategy.

Erin Hawley, a senior counsel at the Alliance Defending Freedom, told the Washington Examiner that federal courts have, with good reason, declined to accept the idea that the free exercise clause protects the right to an abortion for 30 years.

To be protected by the First Amendment, a belief must be sincere and religious in nature a hurdle that will be almost impossible for women seeking abortions to show, Hawley said. Nor is the idea of a religious veto a viable one. Any exception would apply only to a woman seeking an abortion who sincerely believed her faith required one a reviewing court would not strike down a pro-life law.

Hawley said the courts might also find that the government can prevent the termination of innocent human life.

Further, because abortion takes the life of an innocent third party, the courts would likely find that the government may prevent the purposeful termination of a human life, she said. The Constitution, including the free exercise clause, simply does not protect any so-called right to abortion. It is dishonest to argue otherwise.

Protecting innocent life certainly presents a compelling state interest, a standard established in Sherbert v. Verner for overriding free exercise claims.

While abortion arguments do involve religious considerations and Christians in the pro-life movement often have foundational theological reasons for their advocacy, the position that life begins at conception is a scientific fact affirmed by nearly every biology book. Nonreligious groups, such as Secular Pro-Life, join the cause for this reason.

The 14th Amendment says that no state may deprive any person of life without due process. The government has an obligation to recognize the personhood of preborn babies and protect innocent life.

Katelynn Richardson is a summer 2022 Washington Examiner fellow.

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Abortion is not a religious ritual protected by the First Amendment - Washington Examiner