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Democracy

Synagogue sues Florida over abortion ban, saying it violates freedom of religion for Jews

Advocating for abortion access is not the religious argument we usually hear, but it is no less valid than religious arguments against it.

abortion, jewish, florida

Jewish leaders are explaining that abortion is a religious right.

Debate over legal access to abortion has long been a part of social and political discourse, but increasing state-level restrictions and a leaked Supreme Court draft opinion that threatens to overturn five decades of legal precedent have propelled abortion directly into the spotlight once again.

While we're accustomed to seeing religious arguments against abortion from Christian organizations, a synagogue in Florida is flipping the script, making the argument that banning abortion actually violates Jewish religious liberty.

In a lawsuit against the Florida government, Congregation L’Dor Va-Dor of Boynton Beach says that the state's pending abortion law, which prohibits abortion after 15 weeks with few exceptions, violates the Jewish teaching that abortion "is required if necessary to protect the health, mental or physical well-being of the woman.” Citing the constitutional right to freedom of religion, the lawsuit states that the act "prohibits Jewish women from practicing their faith free of government intrusion and this violates their privacy rights and religious freedom."

Wow.



The Florida 15-week abortion ban only grants exceptions if the mother's life is at risk, if she is at risk of "irreversible physical impairment" or if the fetus is found to have a fatal abnormality. There are no exceptions for rape, incest or human trafficking.

If Jewish law stipulates that access to abortion is required not only for a woman's physical well-being but also her mental well-being, then laws that criminalize such access are violating religious freedom, Congregation L’Dor Va-Dor contends.

Advocating for abortion access is not the religious argument we usually hear, but it is on equal footing with religious arguments against it. (It's worth pointing out that Governor Ron DeSantis signed the Florida abortion act into law not at his office, but rather at a church.)

The synagogue's lawsuit raises the question of which religion takes precedence when it comes to legislation. It also highlights the difference between "This is against my religion, therefore no one can do it" and "This is part of my religious tradition, therefore I legally have a right to access it." The former really has no place in U.S. law, as it violates the traditional separation of church and state, and the latter is a prime example of the purpose of the First Amendment right to freedom of religion.

Part of what makes legislating abortion so messy is that the questions at the heart of the debate are actually largely religious in nature. What is the true nature of human life and when does life begin? At what point is a zygote, an embryo, a fetus considered a full human being with the same rights as the rest of us? What is the relationship between a human (or potential human) in the womb and the person whose body is building it? What responsibilities does the person who is building it have toward that life, and what responsibility does society and/or the government have in holding the human accountable for those responsibilities?

These are all legitimate questions that don't have easy, straightforward answers, no matter how simplistic and undernuanced people try to make them. They may be simple questions for some people to answer individually, but collectively? No. We all make those determinations based on different criteria, different beliefs, different values and different understandings of the nature of life. There is no way for "we the people" as a whole to answer those questions definitively.

And the implications of those questions extend far beyond the abortion debate. The Cleveland Clinic states that one-third to a half of pregnancies end in miscarriage before a person even knows they're pregnant. For those who believe that life begins at conception or fertilization, should every death in the womb be considered a tragedy? Should we mourn the loss of lives we carried that we never even knew existed?

There are the slippery slopes that stem from those questions as well. Some religious people may see a miscarriage as God's will, but what if it was caused by something a woman did? What if a miscarriage occurred because of an action taken of her own free will? Is she culpable for that loss using the same logic we use to criminalize abortion? At what point do we start policing women's behaviors—what she eats or drinks, what medications she takes, whether she's around smokers, and so on—at all times in order to protect a life she may potentially be carrying? We're already seeing women being jailed for miscarriages. How far will we go with it?

What about things like child support payments and government benefits? Why we do not expect child support to be paid from the moment a pregnancy is detected? Why do we not give Social Security numbers to Americans in the womb? Why can we not claim a child on our taxes until they are born? If there is genuinely no difference between a life being grown inside a uterus at 12 or 15 or 20 weeks and a life outside a uterus, why does the law treat them differently?

How do we begin to answer these questions when the heart of them always circles back to individual beliefs?

The synagogue's religious freedom argument is compelling for sure, but the bottom line is we shouldn't be legislating on something based on religious beliefs in the first place. "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…" That's literally the opening line of the First Amendment of the Constitution. Banning abortion is, in effect, establishing a particular religious belief as law and prohibiting the free exercise of religion for an entire group of people.

At a basic level, abortion is 1) a medical event that entails far too many individual factors that are not the business of the government to judge, and 2) a choice that is determined to be valid or invalid, right or wrong, based largely on individual religious beliefs. Both of those realities are reason enough for legislators, who are neither medical professionals nor religious leaders, to stay out of people's uteruses and leave these incredibly personal medical and religious decisions to the individual.

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Three women, three MS journeys: How multiple sclerosis looks different for everyone

Gina, Nathalie and Helga share their reactions to being diagnosed with MS and how they stay informed and positive in the face of ever-changing symptoms.

Courtesy of Sanofi

Helga, Nathalie and Gina all have MS, and their experiences show how differently the disease can manifest.

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It’s been 155 years since neurologist Jean-Martin Charcot gave the first lecture on a mysterious progressive illness he called “multiple sclerosis.” Since then, we’ve learned a lot. We know MS causes the immune system to attack healthy tissue, including damaging the brain and spinal cord. Resulting symptoms can be debilitating and include fatigue, blurred vision, memory problems and weakness. Huge advancements in our understanding of MS and its underlying causes, as well as treatment advances, have been made in the past few decades, but MS remains a complex and unpredictable reality for the 2.8 million+ people diagnosed around the world.

Ironically, the only real constant for people living with MS is change. There’s no set pattern or standard progression of the disease, so each person’s experience is unique. Some people with MS have mild symptoms that worsen slowly but sometimes improve, while others can have severe symptoms that drastically alter their daily lives.

All people with MS share some things in common, however, such as the need to stay informed on the ever-evolving research, find various lines of support and try to remain hopeful as they continue living with the disease.

To better understand what navigating life with MS really looks like, three women shared their MS stories with us. Their journeys demonstrate how MS can look different for different people and interestingly, how the language used to talk about the disease can greatly impact how people understand their realities.

woman with horse, woman riding horseGina loves riding her horse, Benita.Courtesy of Sanofi

Gina—Hamburg, Germany (diagnosed with relapsing multiple sclerosis in 2017)

When her youngest son was 4 months old, Gina started having problems with her eye. She’d soon learn she was experiencing optic neuritis—her first symptom of MS.

“Immediately after the diagnosis, I looked up facts on MS because I didn’t know anything about it,” Gina says. “And as soon as I knew what could really happen with this disease, I actually got scared.”

As her family’s primary income provider, she worried about how MS would impact her ability to work as a writer and editor. Her family was afraid she was going to end up in a wheelchair. However, for now, Gina’s MS is managed well enough that she still works full-time and is able to be active.

“When I tell somebody that I have MS, they often don't believe me the first time because I don't fulfill any stereotypes,” she says.

Overwhelmed by negative perspectives on living with MS, Gina sought support in the online MS community, which she found to be much more positive.

“I think it’s important to use as many positive words as you can when talking about MS.” It’s important to be realistic while also conveying hope, she says. “MS is an insidious disease that can cause many bad symptoms…that can be frightening, and you can't gloss over it, either.”

To give back to the online community that helped her so much, Gina started a blog to share her story and help others trying to learn about their diagnosis.

Though she deals with fatigue and cognitive dysfunction sometimes, Gina stays active swimming, biking, riding horses and playing with her sons, who are now 11 and 6.

Cognitive dysfunction is common in MS, with over half of people affected. It can impact memory, attention, planning, and word-finding. As with many aspects of MS, some people experience mild changes, while others face more challenges.

Gina says that while there’s still a lot of education about MS needed, she feels positive about the future of MS because there’s so much research being done.

woman in wheelchair holding medal, woman rowingNathalie is an award-winning rower with multiple international titles.Courtesy of Sanofi

Nathalie — Pennes Mirabeau, France (diagnosed with relapsing-remitting multiple sclerosis in 2002)

Nathalie was a teenager and a competitive athlete when she noticed her first symptoms of MS, but it would take four years of “limbo” before she was diagnosed.

“Ultimately, the diagnosis was more of a relief, than a shock,” she says. “Because when you have signs and you don’t know why, it’s worse than knowing, in the end, what you have.”

However, learning more about the disease—and the realities of disease progression—scared her.

“That glimpse of the future was direct and traumatic,” she says. Her neurologist explained that the disease evolves differently for everyone, and her situation might end up being serious or very mild. So, she decided to stop comparing herself to others with MS.

She said to herself, “We’ll see what happens, and you’ll manage it bit by bit.”

By 2005, Nathalie’s MS had progressed to the point of needing a wheelchair. However, that has not dampened her competitive spirit.

Nathalie began her international rowing career in 2009 and has won multiple world titles, including two Paralympic medals—silver in London and bronze in Tokyo. Now, at 42, she still trains 11 times a week. Fatigue can be a problem, and sometimes hard workouts leave her with muscle stiffness and shaking, but she credits her ongoing sports career for helping her feel in tune with her body’s signals.

“Over the years, I’ve learned to listen to my body, letting my body guide when I need to stop and take breaks,” she says.

Nathalie explains that she used to only look backwards because of the initial shock of her diagnosis. In time, she stopped thinking about what she couldn’t do anymore and focused on her future. She now lives in the following mindset: “Even when doors close, don’t miss out on those that open.” Instead of focusing on what she can’t do, she focuses on the opportunities she still has. Right now, this includes her training for the 2024 Paralympic Games in Paris, where she will compete for another rowing medal.

“I only go forward,” she says. “Well, I try, anyway…It’s easy to say, it’s not always easy to do. But that’s what I try to do.”

woman exiting water after swimming, woman with great daneHelga's Great Dane has become a helpful and beloved companion.Courtesy of Sanofi

Helga—Johannesburg, South Africa (diagnosed with relapsing multiple sclerosis in 2010)

When Helga first started having balance issues and numbness in her feet, she chalked it up to her training as a runner. But when the numbness moved to her face, she knew something was wrong. She never guessed it was MS.

“When I was diagnosed, I felt completely overwhelmed and clueless,” Helga says. “I felt that I had nowhere near enough information. I did not know anything about the disease…I had no idea that it was going to be a process of continually monitoring and adjusting your lifestyle.”

In the beginning, Helga’s symptoms developed slowly, and she didn’t appear ill to others. She was even able to run for a few years after her diagnosis, but she couldn’t do marathons anymore, and she began to fall frequently due to balance issues and right-foot dragging. Then her cognition issues became more problematic, especially in her job as a trainer in a printing company.

“My executive function, decision-making and short-term memory were affected to the point that I was eventually medically unfit for work,” she says. She stopped working in 2017.

However, she didn’t stop living life. Even though she could no longer run, she continued to swim competitively. She got a Great Dane puppy and trained him as a service dog to help her walk. She also serves as vice chair of the patient support organization Multiple Sclerosis South Africa, and she advises others who have been diagnosed to join a patient advocacy group as soon as possible to get reliable information and meet others with MS.

Helga says she is “hopeful” about the future of MS. “I must say that I am so grateful that we have all the new medications available, because my life would not be the same if it wasn't for that,” she adds.

Part of how she manages her MS is by looking at the positives.

“If I could tell the world one thing about MS, it would be that MS is an incurable disease of the nervous system, but it's also the greatest teacher of valuing your health, family, friends, and managing change in your life,” she says. “My life is diversified in a way that I never, ever thought it would, and MS has been honestly the greatest teacher.”

Each MS journey is unique – with each person impacted experiencing different struggles, successes, and feelings as they manage this unpredictable disease. But the common thread is clear – there is a critical need for information, support, and hope. We are proud to participate in World MS Day and share these incredible stories of living life while living with MS. To learn more about MS, go to https://www.sanofi.com/why-words-really-matter-when-it-comes-to-multiple-sclerosis.

MAT-GLB-2301642-v1.0-05/2023

This article was sponsored by Sanofi. Participants were compensated when applicable.

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