A lawsuit filed by a Jewish community argues that abortion restrictions due to take effect in Florida in July violate the right to freedom of religion. After the Supreme Court challenged the Roe vs. Wade judgment, could this lawsuit serve as a model for other legal challenges?
Florida hasn’t waited for the Supreme Court’s decision in Roe v. Wade to tighten conditions on access to abortion. In response, a Palm Beach County synagogue filed a complaint against its state on Friday, June 10, asking it to scrap its anti-abortion law. According to the complaint, the new law violates religious freedom and Jewish law, which guarantees the right to abortion.
Effective July 1, Florida women’s right to abortions will indeed be severely restricted. After fifteen weeks they no longer have the right to an abortion – compared to twenty-four weeks before – and this also not in the case of rape or incest. The only exceptions allowed are a “serious risk” to the health of the mother and an abnormality that could result in death of the fetus.
But these restrictions violate the Florida state constitution for Jewish women’s right to abortion, privacy and freedom of religion, say the 150 plaintiffs from Rabbi Barry Silver’s L’Dor Va-Dor progressive congregation.
“Jewish Law”
According to the complaint filed by the synagogue, “Jewish law not only recommends that the mother interrupt it when a fetus at any stage of pregnancy poses a danger to the health or well-being of its mother, but requires it in order to protect herself “. .
This lawsuit was prepared ahead of the expected decision by the United States Supreme Court on Friday, June 24, ending federal abortion laws nationwide that have been in effect since 1973.
The challenge to the Roe vs. Wade ruling now allows each state to pass its own abortion laws. 26 conservative states are soon to limit or ban abortion.
In Florida, Republican Gov. Ron DeSantis was quick to pledge to expand “life protections” in addition to new laws set to take effect in early July.
Like Palm Beach’s Jewish community, many pro-choice advocates have strongly criticized the Supreme Court’s decision. The “National Women’s Law Center” therefore denounced “an extremist attack”, while US President Joe Biden promised that his government would do everything possible to protect women’s right to an abortion.
While the synagogue’s lawsuit against the state of Florida may seem anecdotal, it is based on solid case law. In the United States, freedom of religion, unlike the right to abortion, is enshrined in the First Amendment of the Constitution.
Promoting religious freedom “provides a much stronger legal basis” than trying to reintroduce pro-abortion laws, argues Emma Long, professor of law and politics at the University of East Anglia in England. “Legally, that’s very clever. Making this question a constitutional matter is the only alternative.”
Growing influence of the evangelists
In general, Jewish law states that life begins at birth. Before that, the mother’s life is considered paramount. “To promote the health of pregnant women, abortion is permitted and in some cases even required,” said Samira Mehta, gender specialist and professor of Jewish studies at the University of Colorado.
However, this positioning may vary depending on the community. However, “there is a consensus that abortion is a right,” says Samira Mehta. “And that this right is a question of religion, not a political decision”.
Historically, American courts have been sensitive to the arguments of religious minorities who seek to evade common law in order to preserve their traditions. In 1996, for example, Native American groups were allowed to consume peyote [aussi appelé mescal]a banned hallucinogenic substance, used in religious ceremonies.
“However, over the past fifteen years, the Supreme Court has used the religious liberty argument to favor majority religious groups, particularly evangelical Christians,” Emma Long analyses.
According to the National Council of Jewish Women, the abortion issue in the United States has been dominated by Christians while “Jewish voices” have been completely ignored. An opinion shared by the L’Dor Vador community, which ensures that the new anti-abortion legislation “imposes the laws of other religions on Jews”.
“We see that in the United States a very powerful conservative minority among Protestants and Catholics is trying to enforce behavior that goes against other religious beliefs,” Samira Mehta said. “But freedom of religion is deeply enshrined in American law. So what happens when those rights conflict?
“Nothing to lose”
The lawsuit initiated by the Dor Vader Synagogue could pave the way for similar complaints in other states and potentially have nationwide ramifications.
However, the outcome is more than uncertain, explains Samir Mehta. “Most likely there will be no quick or easy victory for those fighting for abortion rights. Instead, many legal hurdles and bitter struggles are foreseeable in each state.”
>> Also read on France 24: WOMEN’S RIGHTS – Testimonials: In Texas abortion is already almost impossible
In that regard, the outcome of the lawsuit filed in Florida could prove crucial. If that fails, other courts may be tempted to reject the same arguments and further restrict abortion rights in the United States.
“The stakes are very high indeed,” says Emma Long. “But we can also appreciate that since hearing the Roe v. Wade verdict, there is nothing left to lose.”
Article translated and adapted from English by Grégoire Sauvage. You can find the original here.