The Line in the Sands of Judea: Torah and Constitutional Ignorance

Originally posted October 2006, I state this again as a reminder to the Judiciary.

The Line in the Sands of Judea: Torah and Constitutional Ignorance

Author: [Nachman] [1]

In a recent opinion, Amanda Tempel of [Jews for Equality Workgroup-Minnesota],

Vic Rosenthal of Jewish Community Action, and Elaine Aronof the Jewish
Community Relations Council posited that to bar same-sex marriage by
an amendment to the Minnesota Constitution would be an impermissible
infringement on the religious freedom of Jews in Minnesota [2]. Before
I continue, the following point cannot be emphasized strongly enough:
this rebuttal is not intended to be a discussion of same-sex “marriage”
nor on homosexuality per se, but is specifically written to address the
aforementioned Authors’ misrepresentation of Jewish Law on marriage
and homosexuality.

To begin, we must review the different branches of Judaism. The Authors
claimed there are “four major American Jewish denominations”. There are
actually five branches: Reconstructionist, Reform, Conservative, Orthodox,
and Hasidic. Only Reconstructionist [3] and Reform [4] Judaism recognize
same-sex “marriages”.

The Torah describes the history and laws of the Jewish people [5]. It is at
the very core of Jewish belief, where laws are set forth forbidding murder,
theft, and sexual immorality; forbidding the blaspheming against G-d; from
eating from flesh cut out of a still-living animal; forbidding the belief in
or praying to idols; and requiring that society establish a fair system of
legal justice and it’s honest administration [6].

Contrary to the statements of Tempel, Rosenthal, and Aron, there is no basis
for same sex “marriages” in the entirety of Torah, the Talmud [7], Halakha
[8], nor in such other sources as the Schulchan Aruch [9] or the Me’Am Lo’ez
[10].

It is stated in Jewish Law that a marriage can only be contracted between a
man and a woman [11], and that throughout the Torah, the definition of “man”
and “wife” is “male” and “female” [12]. Further, The Book of Vayikra [13],
in Parshas Acharei [14], specifies the types of behavior that is forbidden
to Jews. Among the behaviors that are forbidden is homosexuality [15].
Regardless of how the Rabbinical Authorities in Reconstructionist and Reform
Judaism rule on the subject – even if all the Rabbis but one in the world
believed as they do – Torah stands as the final authority. Whether one is a
pious Chasid, learned in Torah or a purely secular literalist, written
Jewish law forbids – for lack of a better description – “same sex marriages”
[16].

Tempel, Rosenthal, and Aron assert that a Constitutional Amendment against
same sex “marriages” would “permanently prohibit our state from recognizing
Jewish marriages”. Since it has been established that same sex “marriages”
are forbidden in Jewish Law and that no such “marriages” can ever exist as
Jewish marriages, there would no infringement upon Judaism, and the Authors
have no factual basis to even make their assertion.

——
Footnotes:

[1] Delegate, Democratic-Farmer-Labor Party State Central Committee, [Senate
District 60].

[2] “Once the State Constitution is used to limit freedom, what minority
group will be next?”, Amanda Tempel, Vic Rosenthal and Elaine Aron; Star
Tribune, Minneapolis, Minnesota, March 28, 2006; also posted on the DFL
State Central Committee and Congressional District 5 discussion lists.

[3] “Resolution in Support of Civil Marriage for Same-Sex Couples”,
Reconstructionist Rabbinical Association, March 16, 2004. There is a notable
absence of direct references to Jewish Law, Rabbinical commentaries, or the
Torah in their resolution.

[4] “On Gay and Lesbian Marriage”, resolution adopted by the Central
Conference of American Rabbis, March, 1996; principal restated in “NER-CCAR
Passes Resolution in Support of Marriage Ruling; Opposes Efforts to
Undermine Equality for Same-Sex Couples”, Northeast Region of the Central
Conference of American Rabbis, January 14, 2004; “Resolution On Same Gender
Officiation”, Central Conference of American Rabbis, March, 2000, using a
ruling by the Ad Hoc Committee on Human Sexuality ( 1998 ) which concluded
that “kedushah may be present in committed same gender relationships between
two Jews and that these relationships can serve as the foundation of stable
Jewish families, thus adding strength to the Jewish community”; “Proposed
Federal Marriage Amendment to the United States Constitution”, Central
Conference of American Rabbis, June, 2004 (reaffirming both the 1996 and
2000 Resolutions). The 2004 NER-CCAR resolution quotes, as justification,
Exodus 23:9 “You shall not oppress a stranger, for you know the feelings of
a stranger, having yourselves been strangers in the land of Egypt” and
paraphrases Genesis 1:27 “As rabbis, we believe it is our obligation as
people of faith to defend vigorously the dignity of every human being,
consistent with the principle that each of us is created in the Divine
image”. The Reform movement fails to take into account the other parts of
the Law set forth in the Torah, explained in subsequent Commentaries, or
they just simply wish to ignore it. [15], infra. As Rabbis, they also must
be aware of the Jewish rebellion against the Hellenists. [16], infra.

[5] See generally, The Torah: The Chumash, Stone Edition, Mesorah
Publications, 2001.

[6] Ibid, G-d’s Covenant with Noah, Bereishis 9:1-17, Parshas Noach; G-d’s
Revelation of the Commandments to Moses, Shemos 20:1-14, Parshas Yisro.

[7] A compilation of oral traditions which interpret the Torah. It consists
of two sections. The Mishnah is a collection of legal concepts, and the
Gemara, where the concepts in the Mishnah are interpreted and expanded.
Paraphrased from Jewish Virtual Library, 2006.

[8] Jewish Law.

[9] Code of Jewish Law (1567), Joseph Caro: via Kitzur Schulchan Aruch,
Rabbi Solomon Ganzfried, Hyman Goldin (translator), Hebrew Publishing
Company, New York, 1927.

[10] Me’Am Lo’ez (1730), Rabbi Yaakov Culi.

[11] Caro via Kitzur Schulchan Aruch, op. Cit., Chapter CXLV, ‘Laws
Appertaining to Marriage”.

[12] Torah, op. Cit., generally.

[13] Leviticus.

[14] Vayikra 18. This section of the Torah concerns immorality and forbidden
relationships. Torah, op. Cit., pp. 648-655.

[15] Vayikra 18:22, “You shall not lie with a man as one lies with a woman,
it is an abomination”. The Torah is particularly harsh in condemning this
practice. See footnotes for 18:22 and 18:23, Torah, op. cit., commentary at
page 653; see also Me’Am Lo’Ez, on 18:22 (homosexual acts) and 18:24-28
(defilement); “It is important to note, however, that it is homosexual acts
that are forbidden, not homosexual orientation”, noted as an Orthodox
perspective, Jewish Virtual Library, 2006.

[16] Tempel, Rosenthal, and Aron must also be aware of the celebration of
Hanukah, which commemorates the rededication of the Temple after the defeat
of the Hellenists by the Maccabees.

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