the
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Jewish
Vol. 87 No. 8 • August 2022
www.jewishobservernashville.org
4 Av-4 Elul 5782
Supreme Court Overturns Roe v. Wade, What’s Next for Jews in Tennessee? By BARBARA DAB
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Scott O’Neal is The Jewish Federation’s new Financial Resource Development Director
Jewish Federation Hires Financial Resource Development Director
he United States Supreme Court made the unprecedented move in late June to take away the federal right to abortion granted 50 years ago in Roe v. Wade. In its majority opinion in the case of Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito said, “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives…The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” The functional result of the Dobbs decision will be to place the legislation of abortion squarely in the hands of the states. And while some states will continue to keep abortion legal, others, including Tennessee, have trigger laws that will quickly make abortion illegal in any case. The decision was not unexpected, following in the wake of an historic leak to Politico in early May, but it has left much of the country, and much of the Jewish community, reeling. A recent event in Nashville, hosted by the National Council of Jewish Women (NCJW), highlighted the grief, anger,
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he Jewish Federation and Jewish Foundation of Nashville and Middle Tennessee is pleased to announce the hiring of Scott O’Neal as the new (FRD) Financial Resource Development Director. In this role, Scott will be a member of the Federation’s senior management team and will supervise the FRD staff and direct the Jewish Foundation. Scott is a seasoned fundraising professional whose positions have included serving as Chief Operating Officer of the Community Foundation of Middle Tennessee, Director of Advancement for the Roots of Reform Judaism, and Director of Alumni & Development for Montgomery Bell Academy, among other roles in business and non-profit organizations. Scott has also been an active volunteer lay leader with Congregation Micah and the start of Get Connected. •
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and confusion being felt locally. Dr. Nancy Lipsitz, an obstetrician/gynecologist in private practice in Nashville, says the Dobbs ruling saddles her and other practitioners with the additional task of interpreting the nuances of law, “I have spent hours reading the bill, attending webinars, and discussing issues with attorneys. There are many gray areas and neither attorneys nor I have all the answers. The bill is vague and leaves much to speculation.” Lipsitz adds that Tennessee’s “trigger ban,” which restricts abortions almost entirely, will be effective in mid-August. This measure will make performing an abortion a felony and subject doctors to up to 15 years in prison. “Once the trigger ban goes into effect, all abortion is criminalized,” says Lipsitz, “There are no exceptions. Rape, incest, children who are pregnant after rape or incest, victims of sex trafficking, a woman carrying a fetus with severe physical anomalies that will not survive after birth, and mental health disorders.” Despite what Lipsitz says is little guidance for doctors, on the issue of mental health, the legislature in Tennessee was very clear. “If a woman is so desperate for an abortion that she might kill herself, she is still not allowed to obtain an abortion in Tennessee. If a woman was raped and
suffers from trauma by having to carry the pregnancy to term, she cannot obtain an abortion. The legislature thought about this, considered it, and wrote this extra clause down. An affirmative defense cannot be made for mental health reasons. A person’s brain, considered by science to be a body organ susceptible to organic illness, is not included in the category of impairment of major bodily function.” An Affirmative Defense of Prosecution, according to Lipsitz, is a process whereby a doctor can document breaking the law for very specific reasons, and hope to evade prosecution. “I have now learned that this means that I need to clearly document and state that I am indeed breaking the law, and why I am breaking the law. I need to report the pregnancy termination to the office of vital records at the state level. And even in these conditions, I might still be prosecuted.” She is also concerned for her nursing staff, medical assistants, nurse anesthetists, and anyone else who assists in an abortion. Jews view abortion from the perspective of the mother, and therefore total bans like the one in Tennessee are in direct violation of Jewish law. According to Rabbi Jessica Shimberg, who was an organizer of the NCJW event, there are Continued on page 4
Opinion Am I still a citizen? By DEBORAH OLESHANSKY
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n June 24, 2022, the National Council for Jewish Women (NCJW) issued the following statement: “Today’s decision by the Supreme Court is a moral failure. It will put lives at risk. By overturning 50 years of precedent, safe and vital abortion care is now virtually inaccessible to millions of people who need it. In the weeks and months ahead, we will see the devastating impact this ruling will have on human lives. “ It did not take long for us to begin witnessing the chaos, fear, confusion, pain, and horrific repercussions predicted by NCJW in states across the country. Camp Davis Summer 2022 was a BLAST!, page 10
In the decision on Dobbs v. Jackson Women’s Health case, the conservative U.S. Supreme Court chose a radical approach. Rather than ruling specifically on the Dobbs v. Jackson Health case, the U.S. Supreme Court, in its wisdom, chose to overturn Roe v. Wade, causing an immediate public health emergency. After learning about the Dobbs decision, and overturn of Roe v. Wade, my daughter called me and asked, “Mom, am I still a citizen?” The sad reality is that I truly did not know how to answer her. As a resident of Tennessee, she is about to be denied the fullness of her right to self-determination, personal freedom, and unobstructed access to healthcare Nashville’s award-winning Jewish newspaper, page 4
in potentially life-threatening situations. How can you feel like a full citizen without these basic rights? And while this attack on all people, including children, who can become pregnant, it is particularly crushing for Jewish women and girls since laws being promulgated in some states amount to a complete ban on abortion from the moment of conception with no exceptions. The Jewish Orthodox Feminist Alliance wrote the following about the ruling: “The Supreme Court’s ruling, which overturns federal constitutional protections of privacy and abortion rights that have Continued on page 7 All Things Seniors Section, page 21