Roe v Wade: How a Jewish women's singing group is fighting back against abortion bans

Dee Silverman, and Rochelle Stern, Nancy Beyer-Gordon and Carol Garrett - Saul Martinez for The Telegraph
Dee Silverman, and Rochelle Stern, Nancy Beyer-Gordon and Carol Garrett - Saul Martinez for The Telegraph

At first glance, an elderly Jewish women’s singing group may not seem the most obvious vanguard for America’s abortion rights battle.

But as the conversation in a living room in Lake Worth, southern Florida, shifts from Hebrew prayer pronunciations to organising against the state’s incoming abortion ban, it's clear these women mean business.

"We went to battle so that women would have that right," said Dee Silverman, in her 80s, slightly stooped, but with an iron grip on her cane. "Everything I fought for in the Seventies is down the tubes now."

America's Supreme Court set the country alight with debate after it moved on Friday to strike down Roe v Wade, its landmark 1973 decision to legalise abortion nationwide, leaving the issue once again up to individual states.

It is part of a growing movement to restrict women's abilities to abort unwanted pregnancies across the US, including in Florida, where Republican governor Ron DeSantis signed a new law in April banning abortions after 15 weeks.

The law, which takes effect on July 1, allows medically necessary procedures to save a mother's life, but makes no exception for pregnancies resulting from rape, incest or human trafficking. It is the strictest abortion law in the state's history and has been described by critics as a "cruel attack" on women's rights.

But the Jewish grandmothers in Lake Worth are not prepared to concede defeat. They have rallied behind their progressive synagogue, Congregation L'Dor Va-Dor, to take the state of Florida to court.

Carol Garrett on the piano during rehearsal with Rochelle Stern, Nancy Beyer-Gordon and Dee Silverman in Lake Worth, Florida - Saul Martinez for The Telegraph
Carol Garrett on the piano during rehearsal with Rochelle Stern, Nancy Beyer-Gordon and Dee Silverman in Lake Worth, Florida - Saul Martinez for The Telegraph

The synagogue’s unusual approach has caused a stir: it claims the legislation banning abortions after 15 weeks violates Jewish teachings, and therefore their religious freedom.

Leading the charge is the synagogue’s leader, an attorney and self-styled "Rabbi-rouser", Barry Silver.

He argues that the Torah teaches that any woman suffering emotional or physical harm from a pregnancy is "not just entitled, but required by Jewish law to abort that foetus".

"This Florida law criminalises women who practice Jewish law and that's why it's a serious violation of the separation of church and state and the rights of Jews," he said.

And Rabbi Silver has his sights set on more than just Florida. 

In the wake of the Supreme Court ruling, which has sounded the death-knell for abortion access across the country, he is hoping his challenge will provide a roadmap for pro-choice activists elsewhere.

"I've already been receiving many phone calls, emails and texts from people who say: 'Send me your lawsuit, we want to use that argument in our state'," he said.

At least 26 states are now expected to move to quickly ban abortion, according to the pro-choice Guttmacher Institute, but Rabbi Silver believes his lawsuit can be successfully replicated in many of them to challenge such measures.

"People realise that Roe v Wade is [gone] and that this could be the next best thing to save abortion rights," he said.

For some of his congregation, the fear of returning to a pre-Roe America is deeply personal.

Carol Garrett's mother almost died from a backstreet abortion - Saul Martinez for The Telegraph
Carol Garrett's mother almost died from a backstreet abortion - Saul Martinez for The Telegraph

Carol Garett, the synagogue’s Cantor, was just four years old when her mother nearly died from a backstreet abortion administered by a neighbour.

Ms Garrett, now 63, later found herself in a similar situation after the failure of multiple forms of contraception - condoms, the pill, and an implant.

"I already had three kids, and things were really bad," she said of her financial and emotional wellbeing. "I just couldn’t see bringing another child into this world."

"That’s when I found out about my mum’s abortion," she said, noting that both Jewish teaching and Roe v Wade made her decision possible."

She added: "It’s something that I really needed to do for my family. Sometimes it’s just warranted."

The pensioners gathered in Ms Garret's living room to rehearse were visibly fired up when the topic was raised.

"Raging Grannies" Ann Fonfa and Gloria Stein - Saul Martinez for The Telegraph
"Raging Grannies" Ann Fonfa and Gloria Stein - Saul Martinez for The Telegraph

Gloria Stein, 84, said she had planned to attend demonstrations in the hope of restoring abortion access for the next generation.

"It's so aggravating," she said. "I mean, we fought and we fought and we fought and now we’re going backwards."

Ms Stein is part of another singing group, the "Raging Grannies", which uses music to promote their views.

The activist collective don outlandish costumes to mock stereotypes of older women, while championing their causes. A woman's right to choose is now a key focus of their attention.

Ms Stein, Ms Garrett, and the other singers are all optimistic that their synagogue’s lawsuit will prevail.

Gloria Stein has been marching for women's rights for decades and says the US is going backwards - Saul Martinez for The Telegraph
Gloria Stein has been marching for women's rights for decades and says the US is going backwards - Saul Martinez for The Telegraph

But they face an uphill battle in an increasingly conservative landscape. Mr DeSantis, Florida's governor, has expressed confidence that the law "will ultimately withstand all legal challenges".

And pro-life groups have said they will push for even more restrictive legislation in the wake of the Supreme Court ruling.

"We want a total abortion ban here in Florida. Especially in a post-Roe setting, where the Supreme Court has green lighted that," said Andrew Shirvell, founder of Florida Voice for the Unborn, dismissing the synagogue’s lawsuit as a "publicity stunt".

His group would also like abortion bans to apply to the practice of discarding fertilised embryos, potentially complicating IVF procedures.

"In our view, these [fertilised embryos] are children just like a child in the womb. They should have the exact same rights," he said.

Mr Shirvell believes the public is more supportive of the pro-life movement than it was at Roe v Wade's inception, saying subsequent advances in prenatal care have left Americans more "conflicted" on the issue.

But he predicts America will soon be heavily divided between red states accelerating stringent restrictions on abortion, and blue states doubling down on access to the procedure.

"It's going to be a battle royale," he said.

The political significance of the abortion rights battle playing out in Florida - the country’s biggest swing state - is not lost on Rabbi Silver either.

"What's gonna determine the next election is who is mobilised; who shows up and who comes out," he said.

He added: "If we don't prevail in court, then we go to the court of public opinion. We go out on the streets and we march and we demonstrate and we show up on election day."