Noah Berlatsky
NBC News Cultural Critic
Originally published 18 JUN 22
The anti-abortion rights movement is largely faith based. Catholics and evangelical Christians argue that life begins at conception, and that fetuses have souls. On those grounds, they want to prevent anyone from obtaining abortion services.
They’ve had a good deal of success with that recently. A leaked Supreme Court draft opinion suggests the high court is set to overturn Roe v. Wade, effectively gutting the constitutional right to abortion. In anticipation, many conservative states have passed sweeping anti-abortion legislation.
But not everyone is Christian. And imposing Christian morality and Christian dogma on non-Christians is a good working definition of religious tyranny — which the First Amendment of the Constitution explicitly rejects.
That principle of religious freedom is the basis of a lawsuit brought by Congregation L’Dor Va-Dor, a synagogue in Boynton Beach, Florida, against a sweeping state abortion ban set to take effect on July 1. Congregation L’Dor Va-Dor is challenging a single law on behalf of a single religion. But the case is also a broader challenge to the anti-abortion rights movement, which conflates a right-wing Christian demand for forced birth with universal morality, and insists on subjugating the country to a sectarian code.
The new Florida law bans most abortions after 15 weeks. There are no exceptions for cases of incest, rape or human trafficking. It does allow an abortion to save a pregnant person’s life or to prevent serious physical injury. But these exceptions aren’t enough to keep the law from violating the free exercise of the Jewish faith. The congregation’s lawsuit states that the Florida law violates Jewish religious beliefs holding that abortion “is required if necessary to protect the health, mental or physical well-being of the woman,” among other reasons.