I began my presentation by noting the irony of my appearing on such a panel. I told the audience that I try to avoid political discussions in the congregation. I though it odd that I had somehow volunteered to share my thoughts on the intersection of Judaism and the policies and legislative agenda of the Bush administration in a public forum. But since I was asked...

One of the areas in which I think there is a conflict between the Jewish values and the President’s position is on the issue of abortion. President Bush recently addressed representatives from "March For Life." "March For Life" is an organization calling for a constitutional amendment that would guarantee that fetuses are granted human status from the point of fertilization and make abortion murder.

President Bush said: "I appreciate so very much your work toward building a culture of life, a culture that will protect the most innocent among us and the voiceless. We are working to promote a culture of life, to promote compassion for women and their unborn babies." (White House Press Release, January 24, 2005)

Granting fertilized ovum fully human status contradicts Jewish law. Jewish law does not grant a baby equal status with its mother until its head is born. The primary source for this distinction is found in parshat Mishpatim: "When men fight, and one of them pushes a pregnant woman and a miscarriage results, but no other damage ensues, the one responsible shall be fined according as the woman’s husband may exact from him, the payment to be based on reckoning. But if other damage ensues, the penalty shall be life for life...." (Ex. 21:22)

That is, if the woman is killed, her slayer is subject to capital punishment. But if only the fetus is killed, a monetary fine is levied. It is clear that the fetus does not have the same legal status as the mother. This is the exact opposite of the position that "March For Life" and other anti-abortion groups want to put into law.

However, it is also clear that Judaism does not endorse the position that "a woman has the right to do whatever she wants with her own body."

Jews believe that human beings are created betzelem Elohim, in the image of God, and we have an obligation care for and protect our bodies. We are not allowed to do anything harmful to ourselves because our bodies ultimately belong to God. No one has the right to do whatever they want with their own bodies.

Furthermore, even though Judaism does not consider a fetus to be a full fledged human being, it is still is a potential human being and entitled to certain protections. Jewish law only permits an abortion if the mother’s life is in physical, or some would add, emotional danger. In other cases, abortion is prohibited.

However, I would not want American law to reflect Jewish religious beliefs any more than I would want it to reflect the beliefs of any other religion.

The American system of law and government is by and large a secular one. The United States Constitution was established by our American Founding Fathers: "... in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity,..." The First Amendment prohibits the government from endorsing one religious view.

Any attempt to legislate any religion’s point of view threatens the religious freedoms all of us enjoy. I would caution all of our leaders and representatives to bear this in mind when they seek to make new law.