The Jewish stake in Florida's abortion debate

Years ago, something went wrong late in a friend's much-wanted pregnancy. If her fetus continued to develop, it would either kill her or leave her unable to have future children. Her father, a respected Orthodox rabbi and scholar, advised her to have an abortion. Though a loving father, his decision was based on Jewish law.

Judaism is a pro-life faith, but not in the way anti-abortionists mean. In Judaism, the mother's life and health always come first because human life begins at birth. Until then, a fetus, though cherished as potential life, is considered a part of its mother's body. That is why Judaism permits abortion to protect a mother's health and requires one to save her life, even in the latest stages of pregnancy and the birthing process. Many rabbinic experts also permit abortion to protect a mother's mental health. Others to protect existing children from hunger. Some require higher benchmarks of maternal need as pregnancy progresses. All trust individuals to make decisions about their bodies.

My friend underwent her medically necessary late-term abortion and lived to give birth to healthy children. If this had happened today, her story could have ended differently depending on where she lived.

Twenty states now ban abortion or impose restrictions stricter than Roe v Wade. Studies show that exceptions for a mother's life and health do little to ensure care. Women in Florida and other states have been refused emergency care, sometimes with fatal results. Louisiana recently reclassified as controlled substances the two most common medication abortion pills, mifepristone and misoprostol, also used to stop post-partum hemorrhaging. Alabama's Supreme Court recently ruled that frozen embryos are children. Though overruled by state legislation, the decision creates a dangerous legal precedent to prohibit fertilized egg use, essential for IVF and other assisted reproductive technologies permitted under Jewish law that help so many become parents. Such rulings also can be used to limit contraceptive access and allow women who miscarry to be prosecuted for murder. Judaism permits most forms of contraception and treats miscarriage as a loss to be mourned, not a crime to be charged.

Jewish law obligates us to obey local law even when it conflicts with Jewish law. This election will determine whether we can follow our most important values and religious obligations to heal the sick and save others from danger, particularly women needing timely reproductive healthcare, and whether some among us can fulfill the commandment to have children through IVF. By safeguarding our religious freedoms, we also help protect others, fulfilling core Jewish values such as pursuing justice and loving our neighbors.

Ten states, including Florida, have abortion referendums on the ballot. Many have significant Jewish populations. Regardless of where we stand on when Judaism permits abortion, such referendums help protect our right to make Jewish decisions about our health care. Current Florida law bans abortions, with some exceptions, after the sixth week, before many women even know they are pregnant. This year's Florida referendum protects a woman's right to have an abortion until viability or whenever her healthcare provider determines an abortion is necessary to protect her health. Prioritizing the woman's health when making abortion decisions is a Jewish value as well.

As with my friend, complications can occur late in pregnancy. Women's lives and health depend on timely care rather than being turned away by emergency room staff fearful of legal repercussions, as is the case in many states today. Laws guaranteeing women's access to abortion, IVF, and other reproductive healthcare save lives and ensure our religious freedom to follow the dictates of our Jewish faith.

Rabbi Susan Grossman has authored landmark Jewish law decisions on abortion, mikvah, fertility, and women's reproductive health for the Conservative Movement's Committee on Jewish Law and Standards, on which she served for 30 years. She is an Etz Hayim Torah and Commentary editor and has her doctorate in Ancient Judaism from the Jewish Theological Seminary of America.