Tag Archives: Judaism

A Link And A Prayer…

Tonight, Monday, October 4, at 7:30 p.m. I will be on a panel (via Zoom–link below) discussing the impending threats to reproductive choice, from Texas to Mississippi.

https://us06web.zoom.us/j/96415122645

Here’s the description, and for those who want to “attend,” the information for RSVPing:

Rabbi Dennis Sasso hosts a conversation regarding reproductive rights after the controversy related to the abortion laws in Texas. Rabbi Sandy Sasso will moderate the conversation and share the Jewish perspective with guests Dr. Leigh Meltzer, Obstetrics & Gynecology Physician at IU Health, and Emerita Professor of Law and Public Policy Sheila Kennedy. R.S.V.P to jgoldstein@bez613.org or (317) 253-3441.

For those who would like to see the discussion but can’t make tonight’s Zoom presentation,I’m told the session will be recorded, and will be available on the Congregation’s You Tube channel. (Who knew congregations had You Tube channels!)

My brief introductory remarks mostly reiterate points I’ve previously made on this blog, but in case any of you have missed my “take” on Texas, etc., I’m pasting a rough draft below. I anticipate a fairly lively discussion following the introductory remarks from the three of us.

___________________

There are three things we need to understand about the context of today’s legal debates over abortion—one philosophical, one historical, one sociological.

Liberal democracies are grounded in the libertarian premise that we are all entitled to make our own moral choices unless we are harming the person or property of someone else. In order to be considered legitimate in a diverse liberal democracy, legislation banning or requiring certain behaviors on moral grounds should reflect widespread public consensus—That’s why the First Amendment’s religious liberty clauses, properly understood, forbid government from imposing the religious beliefs of some Americans on others.

When it comes to abortion, that consensus does not exist.

Historically, the “pro life” movement was not, as popular mythology suggests, a reaction to Roe v. Wade. It wasn’t until 1979—a full six years after Roe—that evangelical leaders, goaded by Paul Weyrich, seized on abortion as “a rallying-cry to deny President Jimmy Carter a second term.” Objecting to abortion was seen as “more palatable” and more likely to motivate religiously conservative Christian voters than the actual motivation, which was denial of tax exemptions for the segregated schools established following the decision in Brown v. Board of Education.

Those origins persist. Sociological research confirms that Whites who score high on measures of racial resentment and racial grievance are far more likely to support strict limits on abortion than whites who score low on these measures. Research also confirms that people active in the “pro life” movement are much more likely to be committed to a patriarchal worldview in which control of reproduction, and female sexuality in particular, is important to the maintenance of the gender hierarchy they support.

The history and research go a long way toward explaining why it is so difficult to have evidence-based, logical discussions about abortion and birth control with anti-choice activists. The issue isn’t really abortion.

What is far less well understood, however, is that the consequences of upholding Texas’ law—if, in fact, the Court eventually does that—would be devastating, and would extend far beyond the issue of abortion. (Thus far, as you know, the Court has simply punted—it hasn’t ruled on the constitutionality of the law.)

A decision to allow the empowerment of culture war vigilantes would achieve a longstanding goal of so-called “states rights” fundamentalists: a return to the days when state and local lawmakers could impose their preferred “morality” on their citizens–and not-so-incidentally decide which citizens were entitled to equal rights– without the interference of the federal government.

Such a decision would effectively approve a federalism on steroids, and—I am not engaging in hyperbole here—the effective unraveling of the “United” States.

I used to explain to my students that one of the salutary effects of the incorporation of the Bill of Rights was that it ensured a “floor”–so that when someone moves from New York to Alabama or Texas, they don’t suddenly lose their right to religious liberty or free speech or their protections against unreasonable search and seizure..

Texas’ law strikes a terrifying blow against that principle.

Let me explain why this law created private vigilantes. The idea is that by enlisting private citizens to enforce the law the state can avoid challenges to the bill’s constitutionality. The theory is that, since the state itself won’t be directly involved in enforcing the law, state officials won’t be proper defendants to a lawsuit.

Why does that matter?

What far too many Americans don’t understand about their protections under the Bill of Rights is the requirement of state action–the Bill of Rights protects us against government infringement of our liberties–not against intrusions by private actors. If there hasn’t been state action–government action– there hasn’t been a constitutional violation.

Allowing this gambit to succeed would do much more than leave the most restrictive anti-abortion law in the country in place; it would encourage other states to employ similar tactics–and not just for abortion, but for all sorts of culture war issues and from all political perspectives. As Lawrence Tribe recently warned, California could shift to private enforcement of its gun control regulations, never mind the Second Amendment implications of such restrictions. Vermont could shift to private enforcement of its environmental regulations, never mind the federal pre-emption implications. And the list goes on.

This ploy shouldn’t pass constitutional muster. In law school, I remember studying a 1948 case involving racially-restrictive deed covenants. Those covenants were between private parties, but the Court found state action present because those private deed restrictions could only be enforced with the participation of judges, clerks and other state officials. That case is still good law.

The vigilantes authorized by this legislation may be private citizens, but the law can’t be enforced without involving the apparatus of the state.

The bottom line is that, if successful, this effort would empower zealots of both the right and left.  This is probably not what the idiots in the Texas legislature had in mind, but it would be an almost-certain consequence. Even a more conventional overruling of Roe –a distinct possibility in a case pending from Mississippi—would invite unintended consequences. We can discuss those during Q and A.

Finally, as many of you know, my longstanding preoccupation has been with civic literacy—with the failure of so many Americans to understand their own government. The pandemic has given us a glaring illustration of that ignorance; we have officials and pundits insisting that they have the right to control their own bodies, that government can’t tell them to be vaccinated. Ironically, most of the people making this argument are anti-choice—in other words, they are claiming a right for themselves that they are unwilling to extend to others. But it isn’t only the glaring hypocrisy; they are also wrong. Government has a duty to prevent citizens from harming others, and the Court has recognized the right to mandate vaccination for at least 100 years. A woman who aborts is not a threat to her neighbors; a citizen who refuses to wear a mask or be vaccinated is such a threat–and the law recognizes the distinction even if too many Americans don’t.
.

The Bully Pulpit

I recently attended the bat mitzvah of a cousin’s daughter at the synagogue in which I grew up.  My cousin’s daughter did a great job with her Torah portion, but I was particularly struck by the sermon, in which Rabbi Dennis Sasso forcefully and eloquently connected those ancient teachings to America’s contemporary challenges.

I sometimes need to remind myself that for every judgmental scold or religious con-man, there is a religious leader like Rabbi Sasso wrestling with the nature of human community and authentic moral behavior.

He was kind enough to share a copy of his remarks.

 Judaism is not just a set of general principles or lofty ideals. It is the living out of those values in the here and now, in the everyday of human encounter between a person and his/her neighbor, a man and woman, parents and children, elected officials and the people, nation and nation.

And so, in this week’s Torah portion, entitled Mishpatim (“Ordinances”), we have the fleshing out of the Ten Commandments. We find here the beginnings of a constitutional biblical tradition, upon which future post-biblical (rabbinic) legislation will evolve, not just as a faith tradition but as a religion of ethical nationhood.

The Rabbi noted that the book of Exodus contains many laws that mirror those of our civil state, including, most significantly, “laws forbidding the oppression of the powerless, the weak, the widow, the orphan, the poor and the stranger — the disenfranchised members of society.”

The commandment to “love your neighbor” occurs in Leviticus 19. However, the commandment to “love the stranger,” the foreigner, the immigrant, (a much more difficult task) – occurs here twice and 36 times in the Torah (“Love the stranger…” “for you know the heart of the stranger, as you were strangers in the land of Egypt”).

The heart of the sermon–at least to me–was the explicit application of Jewish teaching to matters pending at the Indiana legislature.

Reading through this week’s portion we can find guidance regarding many bills currently before our State and Federal Legislatures.

There is SB 439 – regarding Hate Crime Laws – likely not to pass in Indiana because of the pressure of conservative forces that feign to promote themselves as religious.      Well, they are quite out of sync with the biblical heritage they purport to uphold – a heritage that teaches – “You shall not hate your neighbor in your heart.”

The growing vitriol expressed in words and acts of anti-Semitism, Islamphobia and other ethnic and gender directed prejudice speak of an epidemic of hate that must be contained. We should be alarmed by what is happening to words in our times – particularly in the political and religious arenas. Language has become shrill, offensive and misleading. Words, angry and hostile weapons.

Then there are legislative initiatives to curtail rights for LGBTQ+ citizens and to impose doctrinal understandings of reproductive health and abortion rights. Interestingly, this week’s Torah portion contains the key passage that defines miscarriage and abortion not as murder, but as a civil matter (Ex. 21:22-24).

Abortion is a painful and serious decision to be made by a woman in consultation with her physician, loved ones and in keeping with her religious values. In the Jewish legal and moral tradition, termination of pregnancy is never defined as homicide, and it is not only permissible, but required to protect the life and health of the mother, in some cases even her mental health. In Jewish law, the fetus is not defined as a “person,” with independent legal and moral status, until the moment of delivery. Judaism does not share the view that human life begins at conception. Throughout pregnancy the fetus is potential life, to be honored and protected, but dependent on and subordinate to the life of the mother.

To impose particular doctrinal restrictions on abortion constitutes not only a violation of privacy and civil rights, but a limitation of religious rights, by imposing beliefs and values that counter the faith traditions of others. And certainly to muddle legislation with unscientific and potentially injurious information is a pious fraud.

Consider the higher health risks for women and infants that proposed legislation – which includes threats to cut funds for Planned Parenthood – would involve. Our state’s infant mortality rate, already among the highest in the country, would rise dramatically.

Ironically, some of the same groups that counter hate crime laws, and advance restrictions on health care and civil rights, piously advocate for prayer in public schools and, paradoxically, promote liberalization of gun laws – guns that can kill in schools, domestic settings and hateful social encounters…

Today, our nation struggles with the issue of immigration, our response and responsibilities to the stranger in our midst. Our deepest Jewish convictions tell us that protecting the humanity of immigrants, who have come to the United States to better lives for themselves and their children, puts our communities on a path towards strengthening families and society and ultimately, the moral values of our nation. By all means, we need to ensure the safety of the homeland, and guard the security of our borders, but not in ways that discriminate, intimidate and create a siege mentality and police state.

Keeping families together, allowing immigrants to fully contribute to our communities, providing relief for millions of aspiring Americans from unnecessary deportation and family separation, these are at the heart of the Jewish legislative and moral traditions. It is also the best of the American tradition which we as Jews have helped to shape and from which we have benefited.

The Rabbi closed with this profound and increasingly relevant quote from Abraham Joshua Heschel:

When faith is completely replaced by creed, worship by discipline, love by habit; when the crisis of today is ignored because of the splendor of the past; when faith becomes an heirloom rather than a living fountain; … its message becomes meaningless.

Words applicable to both religion and political ideology–and definitely worth pondering.