Fifteen years ago, shortly after we arrived in San Jose for my new pulpit with our two young children, we were overjoyed to learn that my wife was again pregnant.

Josh Berkenwald is the rabbi of Congregation Sinai in San Jose. (Photo courtesy of Josh Berkenwald)
Josh Berkenwald is the rabbi of Congregation Sinai in San Jose. (Photo courtesy of Josh Berkenwald)

As her pregnancy continued, there were increasing indications something was wrong. At the 14-week ultrasound, we learned that if our baby survived to delivery, it would have numerous physical defects requiring multiple surgeries and likely never leave the hospital. Furthermore, the placenta was aggressively growing through the uterus into her bladder and beyond, putting her at risk for permanent disability or death.

As a husband, I was there to love and support my wife in her decision. Whether to continue a pregnancy involves issues of belief, culture, family circumstances, finances and more. We discussed how much risk she would accept and our ability to care for our children if she became disabled. We talked about whether it was fair to bring a child into the world who would suffer for its entire short life, how we could care for it, and the impact on our other children. We discussed Jewish law and values. We are so grateful that she was able to consider a full range of legal options.

We chose termination. My wife required a highly specialized procedure that was beyond the training of most OB-GYNs. Fortunately, a team at UCSF Medical Center had experience with similar cases. The abortion took place on a Wednesday. After two days of internal bleeding and multiple blood transfusions, it was clear further surgery was needed to save her life. She underwent a complicated, high-risk hysterectomy that, thank God, was successful.

As my wife recovered, we were surprised by the many community members who approached us, often in tears, to share their own stories of fertility struggles and devastating pregnancy losses, including abortions. These are deeply personal issues.

Like so much in Judaism, rules concerning abortion are nuanced. Judaism is unequivocally pronatalist. “Be fruitful and multiply” is a religious obligation. The Talmud declares, “the world exists only because of the breath of children.”

Judaism also recognizes the inherent risks of childbirth. If continuing a pregnancy places a woman’s life at risk, an abortion is not only permissible, but mandatory. The greatest commentator in Jewish history, Rashi (11th century), explains why: “Until the child has emerged into the world, it is not considered a person.” When does personhood begin? Rashi’s answer is unambiguous: after the head emerges from the mother.

Jewish law always looks at specific situations. Over the centuries, some rabbinic authorities restricted abortions to cases of clear physical danger. Others included a wider range of reasons, including mental anguish, a sense of shame, and fear of disgrace or disfigurement.

Of course, there are many religious traditions. Some branches of Christianity are anti-abortion while others are pro-choice. Islam takes an approach similar to Judaism. Buddhism and Hinduism have their unique perspectives. There has never been religious consensus on when personhood begins and whether and in what circumstances abortion is permitted. Those questions remain matters of belief.

With Roe v. Wade overturned, states are banning abortion based on a particular religion’s belief about when personhood begins. How does this not violate the First Amendment’s establishment clause? (“Congress shall make no law respecting an establishment of religion …”)

Pregnant women are now prevented from following the teachings of their own faith and seeking counsel from their chosen spiritual advisors. How does this not violate the First Amendment’s free exercise clause? (“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof …”

What is religion for, if not to guide us through life’s most personal challenges? This is why access to safe, legal abortions must be protected as a matter of religious freedom.

Josh Berkenwald is the rabbi of Congregation Sinai in San Jose.