Relevant to point #4 below, one Orthodox rabbi has weighed in very publicly on the Louisiana controversy:
http://www.nola.com/opinions/index.ssf/2015/04/religious_freedom_louisiana.html On Thu, Apr 30, 2015 at 6:20 AM, Kwall, Roberta <rkw...@depaul.edu> wrote: > I have been following this thread with interest, given that I have been > doing a significant amount of research on homosexuality and Judaism. A few > thoughts based on this perspective- > > 1) The discussion regarding tax exemptions has relevance not only for > Conservative Christian but also for Orthodox Jewish educational > institutions. On a general level, Judaism is believed to be > counter-cultural by most of its traditional authorities (including some > authorities who do not denominate as Orthodox). This means that the > beliefs of the rest of society are irrelevant even if those beliefs > constitute the majority perspective. That said, the parameters of Jewish > lawmaking can be fuzzy especially when it comes to social issues such as > this with a very public presence. Inevitably, although in theory the law > does not change (according to the most traditional authorities), there is > definitely a social factor in its application. > > 2) With respect to homosexuality specifically, there is an explicit > biblical prohibition against homosexual behavior (interestingly, that > biblical prohibition applies only to male behavior but the rabbinic > tradition extends it to lesbian acts as well). According to Jewish law, > biblical prohibitions carry more weight than rabbinic prohibitions, but > both are seen as within the authority of the tradition. > > 3) Given this explicit biblical prohibition, it is hard to imagine that > even according to the most lenient interpretations of Jewish law by > Orthodox authorities, Jewish same-sex marriage (known as "kidushin," > meaning "sanctified") will ever be possible. Interestingly, many gay > Orthodox Jews not only understand this reality but also support it because > they see this limitation as a part of the tradition they otherwise hold > dear. When an openly gay rabbi with an Orthodox ordination performed a > same-sex marriage a few years ago (a civil ceremony with Jewish trappings), > this triggered mixed reactions even among gay Orthodox Jews. > > 4) Recent discussion has surfaced about whether Orthodox Jews can > support gay rights in the secular political arena and this has triggered > mixed responses. Orthodox Jews are far from a monolithic group. There are > Orthodox authorities who see a distinction between Judaism's religious > views and secular political issues involving homosexuality (including > homosexual marriage). > > 5) On the tax exemption issue, I may be mistaken but it seems to me that > same-sex marriage is not the only issue that can potentially surface in > connection with homosexuality. When the Conservative movement considered > the issue of gay marriage back in 2006, the issue of rabbinic ordination > also arose. Today, both Reform and Conservative rabbinic schools invite > and permit openly gay people (men and women) to apply for admission. A > recent article in Tablet Magazine discussed how LBGT issues are now getting > traction at the Modern Orthodox Yeshiva University in N.Y. ("Out, Proud, > and Kinda Loud at Yeshiva University"), but I can't imagine that a > conventional Orthodox yeshiva would ever support ordination for openly gay > men who engage in homosexual activity. And speaking of discrimination, no > woman (gay or straight) currently can be ordained as an Orthodox rabbi and > I highly doubt that mainstream Orthodoxy will ever change this. > > Roberta Rosenthal Kwall > Raymond P. Niro Professor > Founding Director, DePaul University College of Law > Center for Intellectual Property Law & Information Technology > > > > Author of The Myth of the Cultural Jew: Culture and Law in Jewish Tradition > > http://amzn.to/15f7bLH > > > > You can view my papers on the Social Science Research Network (SSRN) at > the following > URL: http://ssrn.com/author=345249 > > > > ------------------------------ > >
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