Tikvah
Editors’ Pick

February 2, 2023

An Indiana Court’s Abortion Ruling Misconstrues Freedom of Religion

Undermining religious liberty by overextending it.

In December, an Indiana judge declared recent state legislation restricting access to abortion unenforceable, on the grounds that it violates the religious freedom of Jews, Muslims, and others who believe that abortion is obligatory in certain cases. (In the Jewish case, even the strictest interpretations of halakhah agree that a pregnancy must be terminated if it poses a threat to the life of the mother.) The decision, rooted in Indiana’s Religious Freedom Restoration Act (RFRA) doesn’t merely grant religious exemptions from the abortion law in specific cases, but effectively strikes it down. Tal Fortgang and Howard Slugh comment:

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