An Indiana court ruled that Jews have a religious liberty right to abortion. Here's why that matters. [View all]
(JTA) — Since the Supreme Court’s 2022 decision Dobbs v. Jackson Women’s Health Organization, the right to abortion is no longer protected by the Fourteenth Amendment. But that seismic constitutional change has triggered a new legal debate: In the absence of federal constitutional protection, does state law provide Jews with a religious liberty right to abortion? Last week an Indiana state appellate court answered yes to the question — invoking variations on the word “Jew” more than 70 times in the process.
As the first state appellate court answer to the question, the ruling presents a persuasive case for other state courts to follow, potentially opening the door for Jews — and others with similar religious commitments — to secure abortions that are motivated by religious values even where such abortions are otherwise prohibited by state law.
Now, with Arizona’s decision this week barring abortion after six weeks and with Republican presidential candidate Donald Trump saying that he would leave abortion decisions up to states rather than sign the federal ban that some on the right want, the significance of the ruling appears to have grown even since it was issued.
https://www.jta.org/2024/04/11/ideas/an-indiana-court-ruled-that-jews-have-a-religious-liberty-right-to-abortion-heres-why-that-matters