The Marriage Equality Trifecta
October 17, 2008
Lifecycle | Social Action
(4 comments)
By Kate Bigam (First posted on the RACBlog) Kate Bigam is the Press Secretary at the Religious Action Center.
The fight for marriage equality is heating up in California, Florida and Arizona, states that will see November ballot initiatives to amend their state constitutions to prohibit same-sex marriage. Here's a quick update on each state's grassroots campaign to oppose these dangerous and discriminatory initiatives (including a little help from Ellen DeGeneres!) and some insight into how Reform rabbis are helping out:
- Arizonans voted no on a similar measure in 2006, and now they're up against the same thing this year. Now, Vote No on Prop. 102 is seeking volunteers to help spread the word about this dangerous initiative and offering $5.00 yard signs that advertise opposition to the amendment. Reform Rabbis Helen. T Cohn (Congregation Chaverim) and Thomas A. Louchheim (Congregation Or Chadash) joined an oppositional statement with other faith leaders, saying, "This amendment is morally, religiously, and financially divisive, and would be destructive to many Arizona families."
- Clergy of varied religions and denominations, including Rabbi Jack Romberg of Temple Israel in Tallahassee, came together to launch Florida Clergy for Fairness, a coalition of religious leaders opposed to Florida's Amendment 2. Sunshine State rabbis and cantors (and other clergy, if you're reading this!) are invited to join. And in other Florida news, Fairness for All Families has posted its list of the top 10 reasons Floridians should vote no on Amendment 2.
- In California, synagogues like Congregation Kol Ami in West Hollywood (where Rabbi Denise Eger was one of the first clergy to officiate a California same-sex wedding in May!) are joining in by participating in phone banking and engaging in interfaith work to actively oppose the initiative. Even Ellen DeGeneres has teamed up with the No on 8 campaign, Equality for All, to encourage voters to oppose the proposed constitutional amendment that would overturn the California Supreme Judicial Court's May ruling that the state's ban on gay marriage was unconstitutional.
- The Union for Reform Judaism has long been a supporter of equality for same-sex couples. If you vote in California, Florida, or Arizona, I encourage you to learn more about the ballot initiative in your state and then, come Election Day, to vote in favor of fairness and equality.
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In 1985, in a Reform responsum identified on the CCAR response website as CARR 297-298, the questions was asked regarding rabbis officiating at the “marriage” of two homosexuals. The answer, in part, is:
"However we may understand homosexuality, whether as an illness, as a genetically based dysfunction or as a sexual preference and lifestyle -we cannot accommodate the relationship of two homosexuals as a "marriage" within the context of Judaism, for none of the elements of qiddushin (sanctification) normally associated with marriage can be invoked for this relationship.
A rabbi can not, therefore, participate in the "marriage" of two homosexuals."
About ten years later the issue was reconsidered in a responsum identified as NYP No. 5756.8. The question posed was, “May a Reform rabbi officiate at a wedding or "commitment" ceremony between two homosexuals? Does such a union qualify as kiddushin from a Reform perspective? This responsum is quite lengthy and suggests considerable difference of opinion, perspective and, even, assumptions. However, the majority reached the following conclusions:
"The majority of the members of this Committee respond in the negative to this she'elah. In our opinion, a Reform rabbi should not officiate at a ceremony of marriage between two persons of the same gender, whether or not this ceremony is called by the name kiddushin. …
Those who advocate homosexual marriage have not, in the opinion of our majority, met their burden of proof. That is, their arguments do not succeed in overcoming the opposition to this practice found in both the Jewish and the Western traditions.35 We do not accept the suggestion that the ritual category of to`evah is irrelevant to the question under discussion. While we Reform Jews have departed from traditional practice in many areas, we continue to "abhor" virtually all of the sexual prohibitions listed in Leviticus 18 and 20 as destructive of the Jewish conception of a life of holiness and morality.36 While it may be true that we as a community no longer look upon homosexual behavior, as we once did, as a revulsive act, the fact remains that no Jewish community has ever gone so far as to sanctify as marriage a sexual relationship which the Torah defines as ervah. Not even we, with all our liberality, have ever done this before.37 To do so now would be a revolutionary step, one which would sunder us from all Jewish tradition, including our own, down to the most recent time. …
Most of the members of this Committee oppose the use of the term kiddushin to describe a gay or lesbian union, precisely because the historic definition of that term, its legal content and the notions of kedushah which lie at its foundations rule out its application to anything but heterosexual Jewish marriage. We accept the traditional understanding of Jewish marriage as that kind of marriage which recognizes and is contracted within the sexual boundaries set by the Torah's law of arayot. Even those of us who believe that kedushah, sanctity, can exist in gay and lesbian relationships and who would recognize those unions as a form of Jewish marriage concede that the word kiddushin is difficult to separate from its heterosexual connotations. …
The majority of the members of this Committee, however, do not interpret our responsibility as rabbis to warrant officiation at weddings or wedding-like "commitment ceremonies" for gay and lesbian couples. We hold that we are empowered to "officiate" only and exclusively at Jewish marriage ceremonies, and we know of no form of "Jewish marriage" other than kiddushin. We understand kiddushin, in both its traditional and its Reform Jewish manifestations, as an institution whose legal essence excludes homosexual relations. The performance of a ceremony that resembles but is not kiddushin does not qualify as a Jewish marriage, even if the couple regard it as such. …"
In the final conclusion, the statement is made:
"2. The majority of this Committee define "Jewish marriage" as kiddushin. That concept, whether understood according to its traditional terms or its Reform interpretation, is a legal institution whose parameters are defined by the sexual boundaries which Jewish law calls the arayot. Homosexual relationships, however exclusive and committed they may be, do not fit within this legal category; they cannot be called kiddushin. We do not understand Jewish marriage apart from the concept of kiddushin, and our interpretation of rabbinic authority does not embrace the power to "sanctify" any relationship that cannot be kiddushin as its functional equivalent. For this reason, although a minority of us disagree, our majority believes that Reform rabbis should not officiate at ceremonies of marriage or "commitment" for same-sex couples."
The responsum contains language that distinguishes the religious from civil issues and points to the importance of inclusion and acceptance in the Reform context.
Nonetheless, it is worth noting, especially in this blog, that the question of gay marriage does have a religious dimension, even for Reform Jews, and it is appropriate to consider that dimension in discussions in other venues.