washington | A majority of Jewish
organizations oppose a new late-term abortion bill that could become law by the end of the week, saying it criminalizes a medical procedure.
At least one Orthodox group supports the bill, known as the Partial-Birth Abortion Ban Act of 2003, arguing that the procedure may be a form of infanticide.
The issue for the Jewish community centers around different interpretations of halachah, or Jewish law, and whether the mother’s health is more important than the life of a fetus.
Both sides are gearing up for what they believe will be a long court battle.
The U.S. Senate passed the ban Tuesday, 64-34, three weeks after the House of Representatives passed the same act, 281-142.
President Bush supports the bill and is expected to sign the legislation into law. President Clinton vetoed similar legislation twice.
It would be the first measure restricting abortion to become federal law since the U.S. Supreme Court ruled on Roe v. Wade in 1973.
Abortion-rights advocates counter that the bill is vague and could have a chilling effect on doctors who perform other types of abortions.
“The language is so murky that you can’t be sure it only covers these late-term abortions,” said Lois Waldman, director of the commission on women’s equality of the American Jewish Congress.
But Orthodox groups argue that a more narrow interpretation of abortion law is warranted.
“The larger question on abortion, which is a very fair question, is: Do we need to have a law that provides a blanket right?” said Rabbi David Zwiebel, executive vice president for government and public affairs at Agudath Israel of America. “The notion that fetal life deserves no protection is wrong.”
Jewish groups on both sides of the issue are relying on different interpretations of halachah to support their arguments.
Reform leaders cite laws indicating that the life of the mother is paramount and has a higher value than the “potential life” of the fetus.
“In Jewish law, we are commanded to take care of our health and the well-being of our bodies,” said Barbara Weinstein, legislative director for the Religious Action Center of Reform Judaism. “Any legislation that restricts our ability to do that is problematic.”
The RAC’s Web site references the Mishnah, Tractate Ohalot, which says a woman is forbidden from sacrificing her own life to save that of her fetus and that if the mother’s life is seriously threatened she has no option but abortion.
But Zwiebel argues that because the baby is alive when a late-term procedure is conducted — a critical point that is a source of contention — this type of abortion “pushes one life aside to save another life.”
The Orthodox Union does not take part in the abortion debate because of the complexity of halachah on the issue, said Nathan Diament, director of the O.U.’s Institute for Public Affairs.