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Ask the Rabbi: May 2004

Ask the Rabbi

By Rabbi Dana Magat

Question:

What is the Jewish position on gay and lesbian civil marriage?

Answer:

Those who believe that Torah is literally the word of God would accept that the Torah prohibits such behavior in males as one of the forbidden sexual relationships found in Leviticus 18:23 and 20:23 which condemns it as an abomination. And our rabbinic sages took steps to prevent such forbidden intercourse. They also condemned lesbianism as peritzut (licentiousness), even though it was not considered a form of intercourse.

As a rabbi in the Reform Movement of Judaism, I do not believe that Torah is “literal truth.” I believe humanity wrote the Torah, and therefore Reform Jews have the choice of how they interpret Torah. Although Reform Jews understand the importance of our scriptures and of the totality of rabbinic literature, we are not a Halakhic movement, that is to say, bound by Jewish law.

Then what is the answer to our question? I believe that gay and lesbian marriages should be legal civil marriages. To me this is a civil rights issue. I believe that as Jews we need to understand that at our core, we are to act with love. We are often judgmental, and that takes us away from our core beliefs.

I have had the honor of working with same gender couples prior to their wedding and, like mixed gender couples, they love each other, they work on their communication skills and they believe they have found their soul mates. And after performing such a wedding, my heart is filled with a sense of Kedusha (holiness).

Now that is my opinion, and there is no doubt that when you have two Jews in a room you have at least three opinions. So I conclude this article with excerpts from a resolution from the Central Conference of American Rabbis, of which I am a proud member. This resolution was accepted by an overwhelming majority of rabbis in attendance in March 2000.

Background

In 1977, the CCAR adopted a resolution calling for legislation decriminalizing homosexual acts between consenting adults and calling for an end to discrimination against gays and lesbians. The resolution called on Reform Jewish organizations to develop programs to implement this stand.

A 1996 resolution resolved that the CCAR “support the right of gay and lesbian couples to share fully and equally in the rights of civil marriage,” and voiced opposition to governmental efforts to ban gay and lesbian marriages.

Resolution

WHEREAS justice and human dignity are cherished Jewish values, and

WHEREAS, in March of 1999 the Women’s Rabbinic Network passed a resolution urging the Central Conference of American Rabbis to bring the issue of honoring ceremonies between two Jews of the same gender to the floor of the convention plenum, and

WHEREAS, the institutions of Reform Judaism have a long history of support for civil and equal rights for gays and lesbians, and

WHEREAS, North American organizations of the Reform Movement have passed resolutions in support of civil marriage for gays and lesbians, therefore

WE DO HEREBY RESOLVE, that the relationship of a Jewish, same gender couple is worthy of affirmation through appropriate Jewish ritual, and

FURTHER RESOLVED, that we recognize the diversity of opinions within our ranks on this issue. We support the decision of those who choose to officiate at rituals of union for same-gender couples, and we support the decision of those who do not, and

FURTHER RESOLVED, that we call upon the CCAR to support all colleagues in their choices in this matter, and

FURTHER RESOLVED, that we also call upon the CCAR to develop both educational and liturgical resources in this area.

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