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Proposition 1
By far the most significant proposition for our wives, mothers, and daughters is Prop 1. A ‘yes’ vote supports amending the state constitution to prohibit the state from interfering with or denying an individual’s reproductive freedom, which is defined to include a right to an abortion and contraceptives. A ‘no’ vote opposes this amendment to the constitution.
For a lengthy and comprehensive evaluation of Jewish views on forced pregnancies and the necessity for abortion and prohibitions against, I refer you to this excellent article. It is a balanced, nuanced review of Jewish positions by a knowledgeable and traditionally observant Jew.
The closest analogy to medically- or artificially-induced abortion (a procedure that was exceedingly rare until recent times) found in the Torah clearly indicates that terminating a pregnancy at any stage is not murder. This is inferred because the Biblically-prescribed punishment for one who causes that termination is financial compensation to the husband. Were the action actually murder, under Biblical law, death would be the required penalty. But, of course, the Torah is only the beginning of the discussion, and the matter is discussed at length in subsequent sources.
What is clear is that there are absolutely situations where termination of a pregnancy is not only permitted, but in fact required. Jewish tradition is virtually unanimous in upholding the principle that the mother’s life takes precedence over that of the unborn fetus until the child’s head is visible. This is the time when the pre-modern sages determined that the fetus could be viable. At this point, neither life takes precedence.
Other sages uphold that the soul (i.e. the animating spirit) doesn’t enter the fetus until 40 days after conception and still others suggest that the fetus is not ensouled until it crowns. Few modern sages agree with the latter of those positions. The question of when a soul enters the developing fetus is ultimately a matter of individual belief. My own nephew was born at 26 weeks and he is about to turn 14, so there is proof in my own family of viability outside the womb for fetuses that were never even contemplated as viable in antiquity.
Many Orthodox Jewish institutions are opposed to what they term “abortion-on-demand laws” because they insist that such rulings eliminate the necessity for Jewish women to consult with rabbinic authorities before determining if terminating a pregnancy is Jewishly legal. Of course, even before Dobbs v. Jackson overturned Roe v. Wade, removing the protections on access to abortion that stood for nearly 50 years there were statutory limits on when it could be performed on demand.
Clearly, the Jewish position on terminating a pregnancy is nuanced and complicated. However, it is evident that for the vast majority of Jewish women, a blanket ban on abortion would violate their religious rights.
—Rabbi Ron Stern