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Maimonides offers a different explanation: the fetus is a rodef, a pursuer, endangering the mother, and thus it must be stopped by force, if necessary, even at the cost of its “life.”
Both views are helpful in light of the current debate over abortion, and by extension, the nomination of Judge Alito to the Supreme Court.
Rashi reminds us that different religions define human life differently. The Catholic Church and Christian Right, who are driving legislative efforts to restrict abortion, ultimately want abortion outlawed, because they define human life as beginning with conception. Protecting choice, then, is part of protecting freedom of religion and the separation of church and state. That is why Judaism's Conservative Movement, while not pro-abortion, is pro-choice, and is a member of the Religious Coalition for Reproductive Choice.
Judge Alito’s former clerk, Jeffrey Wasserstein, argued in a recent op-ed piece that Jews have nothing to worry about from Alito’s stand on freedom of religion. That may or may not be so. However, we have plenty to worry about regarding whether he will protect a woman’s life and health.
Maimonides’ position reminds us that the lives and health of real woman are at stake in the abortion debate.
Take the small percentage of women who learn late in their pregnancy that their fetuses have severe hydrocephaly (swelling of the brain). Such a fetus will not survive, and the woman cannot survive giving birth because the fetal head is too large. The safest procedure is an intact d and x (inaccurately labeled a “partial-birth abortion”). However, unless the law banning this procedure is struck down by the Supreme Court, these women face the much more dangerous hysterotomy, requiring a larger incision than a caesarean and carrying such a high morbidity rate that the procedure was largely dropped once the intact d and x was developed. If these women survive this outmoded surgery, they face the likelihood of never being able to carry another pregnancy. because of the danger of uterine rupture.
Maimonides, as a doctor and a rabbi, would rule that the health of these women takes precedence in this tragic situation. Judge Alito probably would not agree, based upon his dissenting opinion on Planned Parenthood v. Casey, where he argued that the needs of a small minority of women are insufficient to be considered “undue hardship” in terms of the constitutional protections limiting restrictions on abortion. (The
Our concerns are even greater in the case of parental notification (also currently before the Supreme Court in Ayotte v. Planned Parenthood of Northern New England, a challenge to New Hampshire's parental notification law). In the best of all situations, we would want a minor under 18 to inform her parents. However, what happens to the young woman from an abusive home? What if she is having a medical emergency?
The Supreme Court will be deciding the legality of legislation that endangers real women’s right to life. Do we want that decision made by someone who does not value the right to life of every individual woman? I sure don’t.
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Brad Hirschfield currently blogs on Windows and Doors.
Author, radio and TV talk show host, and President of CLAL-The National Jewish Center for Learning and Leadership, Brad Hirschfield is the author of You Don’t Have To Be Wrong For Me To Be Right: Finding Faith Without Fanaticism. Listed as one of the nation’s 50 most influential rabbis in Newsweek, and a regular commentator on Court TV, he is the creator of the popular series, Building Bridges, airing on Bridges TV, and the co-host of the weekly radio show, Hirschfield and Kula.
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