Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Home
Jewish
History and Religion
How SCOTUS Violated Religious Freedom

How SCOTUS Violated Religious Freedom

Last updated on: August 13, 2024 at 2:39 pm by Rebecca Wallace Keene

How SCOTUS Violated Religious Freedom 2024-08-13T14:39:02-04:00 Rebecca Wallace Keene

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

How SCOTUS Violated Religious Freedom By Rebecca Keene using Image Creator

How SCOTUS Violated Religious Freedom

When the Supreme Court, also known as SCOTUS, failed to uphold Roe vs Wade, they made a mockery of our Constitution. They did this by violating religious freedom. SCOTUS violated the religious freedom of Jewish women in our nation. Under Jewish Law, women are entitled to an abortion as part of their faith.

Judaism on Abortion: How SCOTUS Violated Religious Freedom

The Jewish faith believes in preserving the mother’s life over the fetus’. So, if the mother’s life is in danger, the fetus should be aborted to save the mother. This includes when the mother’s mental health is at stake. By allowing states where Jewish women reside to place complete bans on abortion, SCOTUS violated religious freedom. This is because women who are guaranteed the right to abortion by their faith have been denied access to that healthcare. There are several reasons for Judaism’s stance on abortion in The Torah, the Jewish sacred text.

Abortion In The Torah

Creation

One reason Judaism is less strict about abortion is found in Genesis 2. Genesis 2:7 tells us, “7 Then the Lord God formed a man from the dust of the ground and breathed into his nostrils the breath of life, and the man became a living being.” Thus, life does not begin and a human does not become a living being until the breath of life enters their lungs. This means that a fetus is not a human until it takes its first breath. Before the fetus is born and takes its first breath, it is a growth in the mother.

Theft or Murder

A lesser-known, but equally important verse, is found in Exodus. Exodus 21:22-25 reads:

“22 When people who are fighting injure a pregnant woman so that there is a miscarriage, and yet no further harm follows, the one responsible shall be fined what the woman’s husband demands, paying as much as the judges determine. 23 If any harm follows, then you shall give life for life, 24 eye for eye, tooth for tooth, hand for hand, foot for foot, 25 burn for burn, wound for wound, stripe for stripe.”

This means if the woman miscarries only a fine should be imposed. However, if she dies then the attacker must be put to death. These verses clarify that The Torah understands the fetus to be property. However, the wife who is already born, is considered a human life. To kill the fetus is to rob the man of his property, but to kill the woman is murder. Therefore, abortion is not murder.

G-d Ordered An Abortion

Finally, the only place abortion is explicitly mentioned in the sacred text is Numbers 5. In Numbers 5, G-d orders that an abortion be performed, by the high priest, if a woman has been unfaithful to her husband. The text goes into very detailed instructions for testing the woman. If she has been faithful the fetus will live, but if she has been unfaithful the fetus will die when she drinks the bitter herb. Therefore, G-d supports abortion when it will save a marriage or family.

Jewish Law: How Scotus Violated Religious Freedom

So far the laws discussed in this article have been biblically based and are mostly based on the idea that a fetus is not a child until breath. However, in modern times Rabbis have struggled with the idea that at a certain point in the pregnancy organs and limbs are formed and the fetus is more viable.

They have answered that even if the fetus is considered a human after the first 40 days, any pregnancy that threatens the mother’s life either physically or mentally should be terminated. The reasoning is that the “child,” in this case, would fall under the law of a rodef, pursuer. A rodef is a person who is trying to murder another human. A rodef should always be killed to save the victim’s life, according to Jewish law. Therefore, any pregnancy which threatens the mother’s life should be ended.

SCOTUS Violated Religious Freedom

So, SCOTUS has violated religious freedom, by denying Jewish women the right to pursue their faith. If a Jewish woman is pregnant with a child which threatens her physical or mental well-being, her faith tells her to end the pregnancy. However, SCOTUS made it so that her state could imprison her for following her faith. This is a direct violation of Jewish women’s right to practice their faith. This is contradictory to everything The US stands for because this country was founded by those seeking religious freedom. Therefore, we must fight! We must make SCOTUS understand that their ruling violates the Constitution. Please take time and sign the petition below, because our democracy is at stake. Click here to sign!

Sign the Pledge — Kentucky Reproductive Freedom Fund (kyrff.com)

Progressive Christian

Politics and Religion

About Rebecca Keene

The author, Rebecca Keene, has a Bachelor of Science in Psychology and Religion. She graduated from the University of Pikeville as Religion Honor Student in 2014. Currently, she is studying for a MA in Women, Gender, Spirituality, and Social Justice at the California Institute of Integral Studies. Also, Rebecca is the author of FAITH UNDER THE RAINBOW: RECLAIMING THE TRUTH ABOUT HOMOSEXUALITY AND THE BIBLE. In addition, she founded and independently runs the social media community, Reclaiming the Truth. Therefore, you should visit Rebecca's author page and purchase her books at: Amazon Author Page or: Publication Page Rebecca is currently in her 3rd year of Kabbalah study. She is ordained to perform LGBT weddings and is certified in Hypnotherapy. Rebecca lives in Kentucky with her two adult children. She practices Non-Denominational Judaism. She is passionate about social justice and fiercely advocates for the marginalized in society and religion. When not with her children or writing, Rebecca enjoys spending time in nature, with G-d, or in a good book. She also enjoys making and selling art which you can find at Art by Rebecca. Author, Rebecca Keene, is always happy to hear from readers. You may contact her through the Reclaiming the Truth page on Facebook, or you can email [email protected] Rebecca will try to answer all correspondence, but please be patient, as life is busy for us all. You can read more about the author here.

Previous Post

July 27, 2024

Beyond The Sabbath

Next Post

September 3, 2024 Ancestors

Browse Our Archives

Select a Category Abortion Appalachia Arks of the Covenant Bible Christianity Christmas conversion Cosmology Creation Curses demons Dietry Laws Easter Ecology Eden Egypt family Gender Gender equality Genesis Hannukah Hell Holidays Holocaust homosexuality Hospitality Code Hygiene Idolatry Immigration Islam Israel Jacob Jesus Jewish law Jewish/Christian Relations Job Lilith Lost Books Love marriage martyr New Testament parenting Passover Peace pedophilia Politics Prayer proof Purim quran rape reviews Rosh Hashanah Sabbath Science sex laws sexuality slavery Synagogue technology Torah transgender Uncategorized War witch women worship Yom Kippur

Select a Month October 2026 September 2026 August 2026 July 2026 June 2026 March 2026 February 2026 September 2024 August 2024 July 2024 June 2024 April 2024 March 2024 February 2024 January 2024 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023

TAKE THE

Religious Wisdom Quiz

Who gave birth to Moses?

Select your answer to see how you score.

Orpah Keturah Merab Jochebed