Many years ago, there was an episode on The West Wing about the death penalty and whether it has any real role in deterring capital offenses. During this episode, the story includes the turmoil facing Toby, a Jewish character and a senior advisor to President Bartlett because his religion poses several questions relating to the legitimacy of the death penalty. By the end of the episode, one thing was made clear - the Death Penalty is NOT Jewish! (See: www.westwingepguide.com/S1/Episodes/14_TTSD.html). Every year, I would use this episode in my classes to highlight the importance of The Establishment Clause of the First Amendment. Why? Because under the Establishment Clause, Americans are guaranteed the Right to believe in any religion, or none at all. It also prohibits the government from using legislation to codify in our laws any one particular religion's view that may not be shared by other religions. Up until recently, that was how the Establishment Clause has been interpreted. Except now in 2022, religious zealots of the Right Wing have co-opted our Supreme Court by having a majority of its current members toss the Establishment Clause out on its ear. How so?
By ruling (or even hinting at such a ruling), that abortion by law is wrongful and not a protected Right for women, SCOTUS has taken one religion's position on abortion and has applied it universally against all Americans to now become part of our Nation's Laws. Abortion is to be considered wrongful and illegal and no matter what your religion's position is on the subject, only one (their) religious views will apply. How so? According to Justice Alito's "draft" opinion, history has never protected a woman's right to an abortion and that no such right shall exist in any form - even when a pregnancy arises out of incest or rape. Even if the life of the mother is in serious jeopardy, (see ectopic pregnancies), then a life-saving procedure for the mother is not allowed. Only the life of the unborn fetus is to be protected. But this is NOT Jewish and never has been. If the Court wants to cite history, how much further back does one need to go to find it in the Torah - where abortion is not only allowed, but proper in the case of rape, incest or when saving the life of the mother? Not only is the physical wellness of the mother a serious consideration under Jewish Law, so is her psychological wellness. Are we to believe the Justices supporting an all-out ban on Abortions no longer believe in the "Judeo-Christian" foundations of our American culture - only a one-sided extreme Christo-Facsist view?
Now I know many will read this and say, "Come on Rubin, you're taking that a tad bit too far." But am I? As a Jewish American, I have personally faced Anti-Semitism, both as a student in school, as an athlete and as an adult in the public in general. I frequently encountered the argument (still raised today), that "we live in a Christian Nation!" It was used against me as a "Jewish" candidate for Gahanna, Ohio City Council in 1999. But according to the Constitution, my religion does not relegate me to Second-Class citizenship. This is found not only in the First Amendment, but also in Article VI (No religious litmus test to be a public official) or in the 14th Amendment's Equal Protection Clause. But when it comes to Abortion, my religious beliefs are no longer valid because my religion is no longer considered relevant for protection. First Amendment? What's that?
And what about all of the "religious exemptions" the Right Wing have recently been demanding from our Courts? I mean, I can be exempt from baking cakes for same-sex marriages because my religious beliefs forbid me to. Where are those clowns that claimed they have a religious exemptions to vaccines and how the military should also grant said exemptions. Where are the exceptions for my religious beliefs as they apply to abortion? Law requires a standard of fair and consistent application for all, not just a select group that conveniently follows their own personal religious beliefs. This is not what our Founders and Framers wanted or expected when creating our great nation. It is not American. It is not Constitutional. It is NOT Jewish. Vote like your (religious) life depended upon it, because it really does. We must not stand by idly while our Courts push women and those adhering to opposing religious views (or no religion at all) to become Second-Class citizens.
By ruling (or even hinting at such a ruling), that abortion by law is wrongful and not a protected Right for women, SCOTUS has taken one religion's position on abortion and has applied it universally against all Americans to now become part of our Nation's Laws. Abortion is to be considered wrongful and illegal and no matter what your religion's position is on the subject, only one (their) religious views will apply. How so? According to Justice Alito's "draft" opinion, history has never protected a woman's right to an abortion and that no such right shall exist in any form - even when a pregnancy arises out of incest or rape. Even if the life of the mother is in serious jeopardy, (see ectopic pregnancies), then a life-saving procedure for the mother is not allowed. Only the life of the unborn fetus is to be protected. But this is NOT Jewish and never has been. If the Court wants to cite history, how much further back does one need to go to find it in the Torah - where abortion is not only allowed, but proper in the case of rape, incest or when saving the life of the mother? Not only is the physical wellness of the mother a serious consideration under Jewish Law, so is her psychological wellness. Are we to believe the Justices supporting an all-out ban on Abortions no longer believe in the "Judeo-Christian" foundations of our American culture - only a one-sided extreme Christo-Facsist view?
Now I know many will read this and say, "Come on Rubin, you're taking that a tad bit too far." But am I? As a Jewish American, I have personally faced Anti-Semitism, both as a student in school, as an athlete and as an adult in the public in general. I frequently encountered the argument (still raised today), that "we live in a Christian Nation!" It was used against me as a "Jewish" candidate for Gahanna, Ohio City Council in 1999. But according to the Constitution, my religion does not relegate me to Second-Class citizenship. This is found not only in the First Amendment, but also in Article VI (No religious litmus test to be a public official) or in the 14th Amendment's Equal Protection Clause. But when it comes to Abortion, my religious beliefs are no longer valid because my religion is no longer considered relevant for protection. First Amendment? What's that?
And what about all of the "religious exemptions" the Right Wing have recently been demanding from our Courts? I mean, I can be exempt from baking cakes for same-sex marriages because my religious beliefs forbid me to. Where are those clowns that claimed they have a religious exemptions to vaccines and how the military should also grant said exemptions. Where are the exceptions for my religious beliefs as they apply to abortion? Law requires a standard of fair and consistent application for all, not just a select group that conveniently follows their own personal religious beliefs. This is not what our Founders and Framers wanted or expected when creating our great nation. It is not American. It is not Constitutional. It is NOT Jewish. Vote like your (religious) life depended upon it, because it really does. We must not stand by idly while our Courts push women and those adhering to opposing religious views (or no religion at all) to become Second-Class citizens.
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