Walking with God, Praying with Our Feet

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by Ami Zusman on May 27, 2022 – 27 Iyar 5782

(Bechukotai, V’yikra/Leviticus 26:3 – 27:34)

Two weeks ago, Sha’ar Zahav members, along with thousands more in San Francisco and a million people across the US, marched for justice, for the right of all people to control our own bodies and destinies.  In marching, we followed the command in this week’s Torah portion, Bechukotai, to WALK in God’s statutes.

Why does Bechukotai tell us to “walk,” not just follow, God’s statutes?  Walking requires moving forward.  I see Bechukotai as a call to action, to pursue justice actively – just as, in marching for civil rights in the 1960s, Rabbi Abraham Joshua Heschel famously called this “praying with our feet.”

I believe that’s what we do by fighting the expected ruling by the Supreme Court’s conservative majority to overturn Roe v. Wade, the nationwide right to abortion, which many states already severely constrain.

The right to abortion is a Jewish value.  Following the leaked draft Court opinion, Sha’ar Zahav’s Board issued a powerful statement that says, in part:

• “Jewish scriptures teach that abortion does not take the life of an independent being; Jewish tradition holds that this means that the pregnant person, not the fetus, comes first, and that abortion is healthcare that is mandated under some circumstances.”

Likewise, the Reform Judaism Movement states:

• “We believe that life is sacred and that the life and well-being of an existing life must be prioritized over the possibility of potential life – beliefs that are grounded in careful reading of Jewish text and tradition.”

Most Orthodox rabbis, while not completely agreeing, still affirm that the mother’s life and health, including mental health, have priority over that of the fetus.

What will happen if the Court overturns the right to abortion?  

• The effect would be immediate: 26 states are likely to ban abortions, according to the Guttmacher Institute – many with “trigger laws,” some starting at conception – that would take effect immediately.
• 40 million women live in states hostile to abortion.  In Alabama, they would have to travel 700 miles roundtrip to access abortion.   Already we’re hearing stories of women being arrested after having miscarriages.
• Poor women and women of color would be especially hard hit.  Half of those who now seek abortions live below the poverty line.  Six in 10 are already mothers – but in a nation without adequate healthcare, child support, or paid parental leave, many feel they can’t support another child.
• Those who can’t safely end an unwanted pregnancy may find their livelihoods, and lives, imperiled.  A UCSF study found that women who were denied an abortion and then gave birth were four times more likely than those who aborted to live in poverty afterwards; they were more likely to experience serious health complications and to stay with abusive partners.
• Adoption isn’t the answer either.  For most people seeking abortions, the danger of pregnancy and the experience of relinquishment are far more traumatic than abortion.  In one study, only 9% of those denied abortion chose adoption.  And Justice Barrett’s notion that one can just drop off a newborn at a fire station – the way one drops off clothing at Goodwill – denies that new person their medical records and their most basic identity.

Now, at this point in my life, I’ll not need an abortion, though once I might have.  But Judaism says I’m obligated to work for justice, even if I’m not directly affected. As Rabbi Hillel stated, “If I am not for myself, who will be for me? But if I am for myself alone, what am I?”

And, as many commentators have noted, if the Supreme Court says the Constitution doesn’t protect the right to abortion, other rights – including LGBTQ equality, contraception, interracial marriage – may be next to go.  Many more of us then will be directly affected.  

Even if California remains a safe haven for abortion, trans, asylum, and other rights, the costs of supporting those fleeing oppressive laws elsewhere – as, I believe, we must – will be enormous.  Planned Parenthood clinics in California expect a huge increase in people from other states who seek abortions here; that may result in critical delays for Californians as clinics gear up.

So, what can we do to reclaim reproductive rights?  Here are some options:

• Keep walking – moving forward.
• Keep speaking – and acting – up before the Court, legislators, and our own families to change public opinion and laws.
• Support state laws to assist those coming here from anti-abortion states – and from rural parts of California.  Support bills in the California legislature to expand the number of abortion providers, provide financial assistance to those from out of state, and protect the doctors who treat them.
• Donate to organizations that provide reproductive healthcare, especially in states that restrict abortion.  One resource is the National Council of Jewish Women’s new Jewish Fund for Abortion Access.
• Vote and work to elect candidates who reflect Jewish values of autonomy and equality for all persons.  Hold corporations accountable if they fund anti-abortion politicians.  

To change the political trajectory, I believe two more things are important:

• First, we can’t separate abortion access from the larger struggle for reproductive justice and for fundamental overhaul of our social services – to provide universal healthcare, adequate childcare, family preservation, living wages. These policies would allow true choice.
• Second, if we believe in these rights, we’ll need to be prepared for a long fight, and with all of us working together.

What else would YOU suggest?

Bechukotai is the final portion in the book of Leviticus. The words we say when we end a book of Torah seem especially appropriate now: “Chazak, chazak v’nitchazeik”: “Be strong, be strong, and together we will be strengthened.”     Ken y’hi ratzon.

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