The Halachic Mandate for Gender Affirming Care: Examining the Potential Efficacy of Religious Liberty Claims made by Jewish Health Care Providers

Abstract

In the wake of Dobbs v. Jackson Women's Health Organization, many states enacted anti-abortion statutes which could be challenged by Jewish individuals and institutions who believe that such laws threaten their religious liberties.229 Although a valiant effort, it is necessary to take a precautionary approach to challenging such laws on grounds of religious freedom, for successfully doing so could have reeling effects on LGBTQ+, BIPOC, and other marginalized communities. This article takes a bottom-up approach to such claims and investigates whether a religious liberty argument can and should be made against anti-trans laws.