Homosexuality and Judaism

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The subject of homosexuality in Judaism dates back to the Biblical book of Leviticus. This describes sexual intercourse between males as an "abomination" that may be subject to capital punishment, although Halakhic courts are not authorized to administer capital punishment for sexual immorality in the absence of a Temple in Jerusalem.

The issue has been a subject of contention within modern Jewish denominations and has led to debate and division. The prevalent view among Jews has been to regard homosexual intercourse as sinful, arguing that it is categorically forbidden by the Torah. This remains the current view of Orthodox Judaism, but not of Reconstructionist Judaism and Reform Judaism. Conservative Judaism's Committee on Jewish Law and Standards, which until December 2006 held the same position as Orthodoxy, recently revised its position, permitting multiple viewpoints under its philosophy of pluralism.

Contents 1 Homosexuality in the Torah 2 Rabbinic Jewish application and interpretation of these verses 2.1 Death penalty not carried out in practice 2.2 Lesbian sexual activity 3 Teachings of Kabbalah 4 Orthodox Jewish views 4.1 Haredi Orthodox view 4.2 Modern Orthodox view 4.3 Ex-gay Organizations 4.4 Other viewpoints 5 Conservative/Masorti Judaism 6 Reform Judaism 7 Reconstructionist Judaism 8 Notes 9 See also 10 External links

[edit] Homosexuality in the Torah

The Torah, the first five books of the Hebrew Bible, is the primary source for traditional Jewish views on homosexuality. It states:

וְאֶת זָכָר לֹא תִשְׁכַּב מִשְׁכְּבֵי אִשָּׁה תּוֹעֵבָה הִוא

"[A man] shall not lie with another man as [he would] with a woman, it is a toevah" (Leviticus 18:22).

Leviticus 20:13 then states וְאִישׁ אֲשֶׁר יִשְׁכַּב אֶת זָכָר מִשְׁכְּבֵי אִשָּׁה תּוֹעֵבָה עָשׂוּ שְׁנֵיהֶם מוֹת יוּמָתוּ דְּמֵיהֶם בָּם:

"A man shall not lie with another man as he would with a woman; the two of them have done a toevah; they shall be put to death; their bloodguilt is upon them.

The term to'eva is usually translated as "abomination" and is used in the Bible to refer to a variety of forbidden acts including incest, idolatry, eating unclean animals, and economic injustice. In the context of sexual prohibitions, the word is also interpreted by the Talmud to be a contraction of the words to'eh ata vah, meaning "You deviate from what is natural." (literally "You are wandering astray with it" since the Hebrew word to'e means "wandering", ata "you", vah "with it")

[edit] Rabbinic Jewish application and interpretation of these verses

Rabbinic Jewish tradition is complex and requires years of Torah study usually in a yeshiva, as well as a knowledge of the rabbinic literature and the rulings of noted poskim ("decisors of Jewish law.")

[edit] Death penalty not carried out in practice

As such, rabbinic Judaism does not believe that the above verses refer to what is nowadays described as a homosexual inclination, nor do these verses refer to lesbian sexual activity. Instead, these verses specifically refer to a willing act of anal sex between two male Jews.

Rabbinic interpretation understands the Torah prohibition of Lo tikrevu legalot ervah ("You shall not come close to another person for the purpose of committing a sexual crime") to forbid all sexual acts which can lead to forbidden intercourse, and prescribes the punishment of lashes.

However, even in Biblical times, it was very difficult to get a conviction that would lead to this prescribed punishment. The Jewish oral law states that corporal punishment would only be applicable if two men were caught in the act of anal sex, if there were two witnesses to the act, if the two witnesses warned the men involved that they committed a capital offense, and the two men subsequently acknowledged the warning, but proceeded to engage in the prohibited act anyway. As such, it is not surprising that no account that capital punishment in regards to this law had been used in Jewish history.

In any case, rabbinic tradition understand the Torah's system of capital punishment not to be in effect in the absence of a Sanhedrin and Temple. However, the severity of the punishment may indicate the seriousness with which the act was seen in Biblical times. There is no record in any Jewish source of the death penalty for intercourse between men actually being carried out.

[edit] Lesbian sexual activity

Homosexual acts between women (lesbianism) were forbidden by the rabbis on the basis of the Biblical verse "Do not follow the ways of Egypt where you once lived, nor of Canaan, where I will be bringing you. Do not follow [any] of their customs." (Leviticus 18:3).

A midrash, Sifra Aharei Mot 8:8-9, states that this refers to sexual customs, and that one of those customs was the marriage of women to each other, as well as a man to a woman and to her daughter. The Talmud follows this view, forbidding lesbianism. Female homosexual behaviour, because there is no penile penetration involved, is regarded as less serious than male homosexual behaviour.

Classical rabbinic Jewish sources do not specifically mention that homosexual attraction is inherently sinful (though it is regarded as unnatural). However, someone who has had homosexual intercourse is seen to have allowed their "unnatural attractions" to get the better of them, and it is thus believed that they would be held accountable by God for their actions. If he does teshuva (repentance), i.e. he ceases his forbidden actions, regrets what he has done, apologizes to God, and makes a binding resolution never to repeat those actions, he is seen to be forgiven by God (in a similar manner to the other capital crimes, excepting murder).

[edit] Teachings of Kabbalah

Hasidic Judaism views homosexuality as a grave sin. Accepting Kabbalah, Jewish mysticism, as normative, it believes that heterosexual intercourse is a holy act, because it has the potential to lead to new life, and because heterosexual sex mimics the mechanism through which God created the universe. When a male and a female perform this act, they evoke creative spiritual energies, similar to ones that were used to create the Universe. This creation mechanism involved two opposite partners (male and female aspects of Divinity known as Zeir Anpin and Nukvah), a source of life-force and a recipient of it. The sexual act which envokes the male creative energy on the male side must, therefore, also involve evokation of female creative energies, even if the specific act will not lead to birth in the physical reality. If it is done properly, it results in one of the holiest activities in a Jew's life (incidentally, that is the reason why Jewish males mark their union with the Creator as circumcision).

Therefore, a homosexual act is wrong not because it does not result in a birth (in Judaism, a sexual act that does not results in a birth is not forbidden, such as when the wife is pregnant, barren, or uses contraceptives), but because it envokes holy spiritual forces which are then used in an unnatural (from the Creation's point of view) way, between two partners that are of not different but of the same sex. Therefore, only male homosexuality (which involves the intercourse) is Biblically forbidden; female homosexuality is forbidden for different reasons and in general is much less serious sin. (As a matter of fact, the exact same explanation can be used to explain Kabbalistic view of masturbation and why it is forbidden). (Cite sources)

[edit] Orthodox Jewish views

While a variety of views regarding homosexuality as an inclination or status exist within the Orthodox Jewish community, Orthodox Judaism generally prohibits homosexual conduct. While there is disagreement about which acts come under core prohibitions, all of Orthodox Judaism puts certain core homosexual acts, including male-male anal sex in the category of yehareg ve'al ya'avor, "die rather than transgress", the small category of Biblically-prohibited acts (also including murder, idolatry, adultery, and incest) which an Orthodox Jew is obligated under the laws of Self-sacrifice under Jewish Law to die rather than do.

Orthodox Judaism (and Conservative Judaism) interpret Biblical prohibitions on homosexual conduct as applying only to Jews. The prohibition against homosexuality is not a Noahide Law and does not apply to goyim.^{[citation needed]}

[edit] Haredi Orthodox view

Rabbi Benjamin Hecht writes that some Orthodox rabbis view homosexuality as a deliberate rebellion against God.

Rav Moshe Feinstein, in Iggrot Moshe, Orach Chaim, Part 4, Responsa 115, adopted a very strong position against homosexuality. Human drives are necessary although they must be controlled. Since there is no purpose for the homosexual drive, Rav Moshe contends, it must not be a true drive. Therefore, the underlying reason for gay behavior, he argues, must be to rebel against G-d, to wish to do something forbidden (perhaps, implying some innate knowledge of its forbidden nature). ^[1]

Many within the Haredi Jewish community view homosexuality as a perversion. When the United States Holocaust Memorial Museum (Washington, D.C.) included a discussion about homosexual victims of the Nazis, a number of Orthodox rabbis protested that:

"It's a perversion" to include material about gay victims of the Holocaust, Levin told the House Appropriations Subcommittee on the Interior and Related Agencies. "Do we have a prostitutes' exhibit?" ^[2]

When an Orthodox Rabbi, Steven Greenberg, publicly announced that he was homosexual, there was a significant response from rabbis of all denominations reported in the Jewish newspapers. Rabbi Moshe Tendler, a leading rabbi at Yeshiva University, stated "It is very sad that an individual who attended our yeshiva sunk to the depths of what we consider a depraved society,"

Rabbi Tendler continued. Tendler said that Rabbi Greenberg's announcement is "the exact same as if he said, 'I'm an Orthodox Rabbi and I eat ham sandwiches on Yom Kippur.' What you are is a Reform Rabbi." ^[3]

Sandi Simcha Dubowski's movie Trembling Before G-d (2001) documented the struggles of homosexual Orthodox Jews with traditional rejection of homosexuality. The movie illustrated the struggles of several Modern Orthodox and Haredi homosexual Jews. No Haredi Orthodox group spoke out in favor of the film. The spokesperson for Agudath Israel of America, Rabbi Avi Shafran, attacked the film with an article "Dissembling Before G-d". In his response, he holds that gay people can be cured through therapy, and that the movie is meant to promote homosexuality:

Unfortunately, though, "Trembling" seems to have other intents as well. While it never baldly advocates the case for broader societal acceptance of homosexuality or for the abandonment of elements of the Jewish religious tradition, those causes are subtly evident in the stark, simplistic picture the film presents of sincere, conflicted and victimized men and women confronted by a largely stern and stubborn cadre of rabbis.

That picture is both incomplete and distorted. For starters, the film refuses to even allow for the possibility that men and women with homosexual predilections might - with great effort, to be sure - achieve successful and happy marriages to members of the opposite sex. ^[4]

[edit] Modern Orthodox view

In recent years some within Modern Orthodox Judaism have begun re-evaluating homosexuality as a phenomenon, and the Orthodox community's response to homosexual Jews. Until recently it has been assumed that all homosexuals chose to engage in homosexual actions in order to spite God (le-hach'is), to be perverse, or due to mental illness. Familiarity with sociological and biological studies, as well as personal contact with Jewish homosexuals, has brought some Orthodox leaders to a more sympathetic viewpoint. This probably started as early as the 1970s. This view is described in the original entry on Homosexuality penned by Rabbi Immanuel Jakobovits in the original release of the Encyclopedia Judaica (Keter Publishing). Jakobovits writes:

Jewish law [...] rejects the view that homosexuality is to be regarded merely as a disease or as morally neutral.... Jewish law holds that no hedonistic ethic, even if called "love", can justify the morality of homosexuality any more than it can legitimize adultery or incest, however genuinely such acts may be performed out of love and by mutual consent.

In the 1974 yearbook of the Encyclopedia, Rabbi Norman Lamm (of Yeshiva University, New York and a leader in Modern Orthodox Judaism), wrote something quite different^[5]. He was more familiar with the scientific and psychological research of the day (early 1970s) on homosexuality. As such, he invoked the principle of Jewish law termed ones, denoting an "accident" or event beyond one's control. In this way, homosexuality could be redefined as an act performed under psychological duress, and it would be wrong to persecute or judge homosexuals for their actions. Rather, he advocates an approach of "both compassion and efforts at rehabilitation." The views represented in his 1974 article elaborated his views in earlier articles, mainly in the January/February edition of Jewish Life, 1968. Rabbi Lamm's views have, over the years, gained some foothold in Modern Orthodox Judaism, while being largely rejected by Haredi Orthodoxy. The Haredi community sees these recent reevaluations as manipulation of Jewish law for political purposes, and has not shown any signs of accepting homosexuality.

[edit] Ex-gay Organizations

JONAH is a Jewish ex-gay organization that focuses on “prevention, intervention, and healing of the underlying issues causing same-sex attractions”.^[6] It is a world-wide organization, with the majority of its membership in the United States, Israel, Canada and Europe. ^[7] It uses a variety of psycho-educational methods, including live support group meetings, E-mail list-serv groups, networking, therapy referrals, experiential weekend programs.^[8]

Atzat Nefesh is based in Israel and addresses people with a variety of sexual problems. It operates a hotline and several support groups in Israel, and purports to successfully change the sexual orientation of LGB people.^[9]

[edit] Other viewpoints

• "Compassion, sympathy, empathy, understanding - these are essential elements of Judaism. They are what homosexual Jews who care about Judaism need from us today." Jonathan Sacks, Chief Rabbi of the United Hebrew Congregations of the Commonwealth (United Kingdom)
• Chaim Rapoport has written Judaism and Homosexuality: An Authentic Orthodox View, he is Rabbi of London's Ilford United Synagogue and a member of the cabinet of the Chief Rabbi of the United Kingdom.
• Edah, a modern Orthodox advocacy group, has decided to hold public meetings on this topic for the Orthodox Jewish community.
• Sandi Simcha Dubowski's movie Trembling Before G-d (2001) documented the struggles of homosexual Orthodox Jews with traditional rejection of homosexuality. The documentary was shown by several modern Orthodox synagogues and stimulated debate on whether greater acceptance of homosexuality is possible within Orthodoxy.
• Steven Greenberg identifies himself as a gay Orthodox rabbi; he has been a source of controversy both within Orthodoxy and among gay and lesbian Jews. For example, in 2005, Greenberg visited South Africa where he received a negative reception from many religious leaders including the Chief Rabbi of South Afica Warren Goldstein [1]

[edit] Conservative/Masorti Judaism

Main article: Conservative Halakha

In Conservative Judaism, the Committee on Jewish Law and Standards (CJLS) of the Rabbinical Assembly makes the movement's decisions concerning Jewish law. On December 6, 2006, The CJLS adopted, by 13 of 25 votes, a responsum authored by Rabbi Elliot N. Dorff, Daniel Nevins, and Avram Reisner, lifting most restrictions on homosexual conduct and opening the way to the ordination of openly gay and lesbian rabbis and acceptance of homosexual unions, but stopping short of religiously recognizing gay marriage. The responsum maintained the Biblical prohibition on male-male anal sex, which remains a yehareg ve'al ya'avor (die rather than transgress offense.^[10]

Two traditionalist responsa, by Rabbis Joel Roth ^[11] reaffirming a general complete prohibition on homosexual conduct (adopted by 13 votes) and Leonard Levy, maintaining that homosexuality is potentially curable and encouraging people with homosexual inclinations interested in living as religious Jews to seek treatment (adopted as a minority opinion by 6 votes) were also adopted. Under the rules of the Conservative movement, the adoption of multiple opinions permits individual Conservative rabbis, congregations, and rabbinical schools to select which opinion to accept, and hence to choose individually whether to maintain a traditional prohibition on homosexual conduct, or to permit gay unions and clergy. The Committee rejected a fourth paper by Gordon Tucker which would have lifted all restrictions on homosexual sexual practices.

The above is only an overview; details of the above responsa are discussed in Conservative Halakha.

The CJLS action represented a partial revision of a previous Conservative position, adapted in 1992, which had reaffirmed a traditional prohibition on homosexual conduct, blessing homosexual unions, and ordaining openly homosexual clergy. Four members of the Committee, Rabbis Joel Roth, Leonard Levy, Mayer Rabinowitz, and Joseph Prouser, resigned from the CJLS following adoption of the change.^{[12] [13]}

The Ziegler School of Rabbinic Studies of the University of Judaism in Los Angeles had previously stated that it will immediately begin admitting gay and lesbian students as soon as the law committee passes a policy that sanctions gay ordination^[14]. The Jewish Theological Seminary in New York has later followed suit on March 26, 2007 to immediately consider openly homosexual candidates for admission for their Rabbinical program ^[15].

Masorti synagogues in Europe and Israel, which have historically been somewhat more traditional than the American movement, continue to maintain a complete ban on homosexual conduct, clergy, and unions. As such, most Conservative rabbis outside the USA are exercising their authority as mara d'atra to reject the more liberal responsa.

The head of the Israeli Masorti movement's Vaad Halakha (equivalent to the CJLS), Rabbi David Golonkin, wrote the CJLS protesting its reconsideration of the traditional ban on homosexual conduct. ^[16]. The Masorti movements in Argentina, Hungary, and the United Kingdom have indicated that they will not admit or ordain homosexual rabbinical students. The Israeli seminary will meet to address the Conservative movement's actions.^[17], but Israeli Masorti officials distanced themselves from the U.S. discussion. ^[18]

[edit] Reform Judaism

The Reform Judaism movement, the largest branch of Judaism in North America, has rejected the traditional view in all matters of Jewish Law including this issue. As such, they do not prohibit ordination of gays and lesbians as rabbis and cantors. They view Levitical laws as sometimes seen to be referring to prostitution, making it a stand against Jews adopting the idolatrous fertility cults and practices of the neighbouring Canaanite nations rather than a blanket condemnation of same-sex intercourse or homosexuality. Reform authorities consider that, in light of what is seen as current scientific evidence about the nature of homosexuality as a biological sexual orientation, a new interpretation of the law is required.

In the late 1980s the primary seminary of the Reform movement, Hebrew Union College-Jewish Institute of Religion, changed its admission requirements to allow gays to join the student body. In 1990 Central Conference of American Rabbis (CCAR) officially endorsed a report of their committee on homosexuality and rabbis. They concluded that "all rabbis, regardless of sexual orientation, be accorded the opportunity to fulfill the sacred vocation that they have chosen" and that "all Jews are religiously equal regardless of their sexual orientation."

In 1996 CCAR passed a resolution of civil marriage. However, this same resolution made a distinction between civil marriages and religious marriages; this resolution thus stated:

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.[2]

The Central Conference of American Rabbis support the right of gay and lesbian couples to share fully and equally in the rights of civil marriage, and

That the CCAR oppose governmental efforts to ban gay and lesbian marriage.

That this is a matter of civil law, and is separate from the question of rabbinic officiation at such marriages.

In 1998, an ad hoc CCAR committee on Human Sexuality issued its majority report (11 to 1, 1 abstention) which stated that the holiness within a Jewish marriage "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." The report called for CCAR to support rabbis in officiating at gay marriages. Also in 1998, the Responsa Committee of the CCAR issued a lengthy teshuvah (rabbinical opinion)[3] that offered detailed argumentation in support of both sides of the question whether a rabbi may officiate at a commitment ceremony for a same-sex couple.

In March 2000 CCAR issued a new resolution stating that "We do hereby resolve that, 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-sex couples, and we support the decision of those who do not."

[edit] Reconstructionist Judaism

The Reconstructionist movement sees homosexuality as a normative expression of sexuality and welcomes gays and lesbians into Reconstructionist communities to participate fully in every aspect of community life. Since 1985 the Reconstructionist Rabbinical College has admitted gay and lesbian candidates for their rabbinical and cantorial programs. The Reconstructionist Rabbinical Association (RRA) encourages its members to officiate at homosexual marriages/commitment ceremonies, though the RRA does not require its members to officiate at them.

[edit] Notes

[edit] See also

• List of LGBT Jews
• Jews Offering New Alternatives to Homosexuality
• Atzat Nefesh
• Keshet Rabbis
• Keep Not Silent: A documentary about Orthodox Jewish lesbians.
• Trembling Before G-d: A documentary film about Gay and Lesbian Orthodox Jews

[edit] External links

• Jewish Mosaic: The National Center for Sexual and Gender Diversity
• Letter to a homosexual baal teshuva, by Rabbi Aharon Feldman
• Gay life in Israel
• Homosexuality in Orthodox Judaism Rabbi Dr Nachum Amsel (PDF)
• Rabbi Danny Nevins, Living Law: A Journal of the CJLS Vote on Homosexuality and Halakhah, 16 Kislev 5767 / December 7, 2006
• JONAH non-profit organization for educating about the prevention, intervention, and healing of the underlying issues causing same-sex attractions
• Reform's position on homosexuality
• Does Judaism accept same-sex behavior?
• Judaism, Nature and Homosexuality
• FAQ on homosexual Jews
• OrthoDykes For Orthodox Jewish lesbians
• Frum Gay Jews - a website about homosexual Orthodox Jews
• Feygelah - organization for queer Jews in Montreal
• Trembling Before G-d - official documentary website
• Hineini: Coming Out in a Jewish High School - official documenatary website
• Shmuely Boteach's view of homosexuality