The Supreme Court of the United States has just come out with a controversial decision about which many supporters of abortion rights are screaming bloody murder... which is kind of ironic if you think about it. In a 5-4 decision the court ruled that a Missouri law banning the procedure is constitutional held that groups challenging it "have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception."
As a matter of principle I am opposed to those who would put restrictions on the procedure, the so called “Pro-Life” movement. Because I truly believe that it could interfere with the Halacha if the procedure were broadly banned. And though in spirit I am on the pro life side of the issue, in fact, I am on the pro choice side. This is why I have always had a problem with Agudah’s identification with pro-choicers and their opposition to Roe V Wade.
For Jews, abortion is not automatically always Assur. And life does not begin at conception. Aborting a fetus is never considered murder, although in most cases it is Assur. There are however various circumstances where there is universal agreement amongst the Poskim that abortion is permitted. And there are additional circumstances where Poskim disagree, some permitting… some not. Baning the procedure could make it difficult to receive almost any Halachic abortion, especially where there is disagreement amongst the Poskim.
One example of a controversial Psak amongst the Poskim is the that of the Tzitz Eliezer (Rabbi Eliezer Waldenberg). He permits aborting Tay-Sachs babies. Some Poskim take into account the psychological welfare of a pregnant woman in allowing for abortions. There are also certain leniencies up to forty days after conception. These and perhaps other cases would Halachicly allow the procedure. But they quite possibly would encounter difficulties in obtaining an abortions for some of these situations. So I am absolutely opposed to overturning Roe V Wade.
But Agudah is in favor of overturning it. Now I know that Agudah is just as concerened about permitting legal abortions as I am. But their public position is to be pro-life so as not be perceived as supporting the very liberal pro-choice side.
To be sure the pro choice position on abortion is based largely on the right of a woman to have abortion on demand for what ever reason she chooses, even as a belated form of birth control. They argue, that it’s her body and her right to do with it as she pleases, including getting an abortion whenever she chooses. This is decidedly against Halacha.
But I still cannot understand siding with one wrong side, pro-life… to avoid being identified with the other wrong side, pro-choice. The only correct position for a Jew to have in my view is the Halachic one. And that entails leaving abortion safe and legal. In other words one should not be pro-choice, just pro keeping the procedure legal.
And this brings me back to partial birth abortions. On this issue Agudah’s position is the correct one. Partial birth abortion is truly a misnomer. Once the head is out of the body, the baby is considered born according to Halacha. Killing a baby is murder. It cannot be called an abortion in any true sense of the word, certainly not in the Halachic sense. Agudah’s position is spelled out quite nicely by Rabbi Avi Shafran. The only time another human being may be killed is when he is a Rodef… attempting to kill you. That would be considered Halachicly justifiable homicide. But make no mistake, killing a baby that has been Halachicly born (not partially born as the name implies) is murder, not abortion.
