The Jewish Case for Abortion Rights

[Guno צְבִי]

The most fundamental text underlying Judaism’s understanding of abortion rights is in the Book of Exodus, describing a case in which someone inadvertently causes a miscarriage. The Torah specifies that the guilty party would be liable for manslaughter only if the pregnant person themselves die; otherwise, they must simply pay monetary damages, as the fetus is not regarded as a person. (Notably, some Christian commentators understand this passage differently, due in part to a poor translation of one of its critical words, but the Rabbis of the Talmud are clear on the plain meaning of the Hebrew.)


Jewish texts further emphasize that the fetus does not have the status of personhood, describing it as “mere fluid” for the first 40 days after conception and part of the pregnant person’s body thereafter.


The Establishment Clause: “Congress shall make no law respecting an establishment of religion.” That is, much of the argument for abortion access has been rooted in a very specific Christian perspective; those who seek to restrict abortion rights are seeking to impose their religious views on others, which is inherently unconstitutional. This is particularly clear with regards to laws and policies based on the premise that life begins at conception which—as may be clear above—is not the case in Judaism. The Establishment Clause is upheld when we allow access to abortion for those who need or want it; and those who do not want abortions do not need have to have them.

https://www.ncjw.org/news/the-jewish...ortion-rights/