Synagogue sues Florida over abortion limits, a possible template for future challenges

France24 ^ | June 28, 2022

[Oldeconomybuyer]

A lawsuit filed on June 10 by a synagogue in Florida has challenged plans to limit abortions in the state on the grounds that it would violate religious rights and therefore be unconstitutional. The Jewish faith holds the right to an abortion to be inviolable.

The Florida bill is set to lower the maximum threshold for abortions from 24 weeks down to 15 weeks from July 1, with exceptions in instances where the medical procedure could save the life or prevent serious injury to the mother. It offers no exceptions for victims of incest, rape or human trafficking.

But these restrictions would infringe upon Jewish women’s right to abortion as guaranteed by their faith and are thus incompatible with the Florida constitution’s right to privacy and religious freedom, says the lawsuit, which was brought by Rabbi Barry Silver on behalf of the roughly 150 members of Congregation L’Dor Va-Dor in Palm Beach County.

“If a foetus poses a threat to the health or emotional well-being of its mother, at any stage of gestation up until birth, Jewish law not only entitles but requires the mother to abort the pregnancy and protect herself,” the suit argues.

Broadly speaking, Jewish law stipulates that life begins at birth and that until that point the mother’s life is prioritised. “So, in order to protect the health of the pregnant person, abortion is permissible and sometimes mandated,” said Samira Mehta, associate professor of women and gender as well as Jewish studies at the University of Colorado at Boulder.

The definition of what counts as a health threat varies between Jewish communities, with the congregation of L’Dor Va-Dor in Florida at the liberal end of the spectrum. But, Mehta said, there is agreement on the principle that abortion is a right.

[Wonder Warthog]

"The one in the declaration that claims all men are created equal is also an obvious lie.."

Uh, no. It means that all humans are equal in the sight of God.

[aquila48]

“good point, however exercising a right cannot harm a 3rd party.”

Is that somewhere in the constitution?

[Metrobank]

Nowhere in the Bible does it address abortion. Complete BS lawsuit. They should be ashamed. Why don’t they tell their female worshipers to try birth control (many options) instead of filing another dead end lawsuit.

[aquila48]

“Uh, no. It means that all humans are equal in the sight of God.”

I have no idea what that means.

So, does God regard a killer to be equal to the victim?

[Campion]

So, murder is not unconstitutional, but limiting religious freedom is. So strictly speaking, exercising your religious beliefs of sacrificing virgins, or heathens, is protected by the constitution, and it trumps any state or federal laws that would forbid it.

The courts have never, ever understood the First Amendment to be absolute and unrestricted. Freedom of the press does not mean that libel must be allowed. You don't have the right to infringe on someone else's rights just because you declare that infringement to be your religious belief.

Saying that "murder is not unconstutional" ignores the requirement of the fifth and fourteenth amendment's statement that nobody can be deprived of life, liberty, or property without due process of law.

[Wonder Warthog]

"So, does God regard a killer to be equal to the victim?"

At birth, yes. What happens after that is a result of free will.

[EinNYC]

That HAS to be a Reform "synagogue". Their statement is a load of hooey. They don't know the first thing about Jewish law, picking and choosing the ones they like and ignoring the ones they feel inconvenience them. Jewish law only permits abortion in rare instances, on a case by case basis which must be individually parsed by a learned rabbi. The only permitted reason for an abortion is if the life of the mother would be in serious jeopardy if the pregnancy were continued.

[delchiante]

If you want to reference the Declaration, mention where the right to Life, Liberty and the Pursuit of Happiness isn’t a Right given or taken away from Govt/Man.
But a Right from God.

Life..

And before Life can be taken, it is to be done with Due Process..

[Jane Long]

“If a foetus poses a threat to the health or emotional well-being of its mother, at any stage of gestation up until birth, Jewish law not only entitles but requires the mother to abort the pregnancy and protect herself,” the suit argues.

Unreal.

Sounds like something 0bammy would write. Can't be 'punished with a baby', and all.

[God luvs America]

Couldn’t the Catholic church turn this around and sue to stop abortion in states which allow it since its against their religion??

[Jonny7797]

those Jews in FL need to move to CA. Get lost.

[17th Miss Regt]

I’m curious, is there anything in the constitution that forbids murder, or are those just state and federal laws?

Nope. Those are generally state laws. There are some federal statutes dealing with murder. But all of these are statutes are created under the authority of the constitution in pursuit of an orderly society.

[17th Miss Regt]

What if one follows the Aztec religion? Isn’t it within one’s rights to raid a neighboring village and cut the residents’ hearts out so the rains will come?

California needs the Aztec religion!

[aquila48]

“The courts have never, ever understood the First Amendment to be absolute and unrestricted. “

So you believe in a “living constitution”, one that means whatever a particular court decides.

“fifth and fourteenth amendment’s statement that nobody can be deprived of life, liberty, or property without due process of law.”

Those prohibitions apply to the state not private citizens or entities. Criminal laws are the jurisdiction of the states and federal government, and any of them are fine as long as they don’t go against some explicit” right” in the constitution, such as the right to exercise your religion.

[aquila48]

“At birth, yes. What happens after that is a result of free will.”

So the assertion that we are equal lasts for just the instant after we’re born, or after conception, right?

Seems like a rather useless assertion if it only applies to .00000001% of a human life.

As for free will, doesn’t God know what we’re going to do in the future since he’s omniscient, and if so there is no such thing as free will. All my future decisions have been predetermined. Right?

[aquila48]

“But all of these are statutes are created under the authority of the constitution in pursuit of an orderly society.”

True, But if any of those laws infringe upon the constitutional right to EXERCISE your religion, which includes sacrificing virgins to God, or smiting the infidels, then they should be struck down. Right?

[mom.mom]

I can’t imagine that Orthodox Jews would support abortion.

[wny]

of course not, nor does it need to be.

healthcare isn’t a right if someone else needs to provide it to you and/or pay for it....

housing isn’t a right if someone else needs to provide it to you and/or pay for it....

food isn’t a right if someone else needs to provide it to you and/or pay for it....

a job isn’t a right if someone else needs to provide it to you and/or pay for it....

etc

etc

etc

[17th Miss Regt]

Agreed. The constitution is the supreme law of the land. All statutes must fit within that framework.

[Wonder Warthog]

"So the assertion that we are equal lasts for just the instant after we’re born, or after conception, right?"

It is also the basis for how one should be treated under law, so in reality, it lasts one's entire life.

"As for free will, doesn’t God know what we’re going to do in the future since he’s omniscient, and if so there is no such thing as free will.

Since he is omniscient, he sees all POSSIBLE futures. We choose which one(s) become reality."

"All my future decisions have been predetermined. Right?"

No.