Disclaiming and Reclaiming; Gay Rights in Leviticus

by: Ken

Fri Apr 27, 2007 at 09:28:38 AM EDT


On April 24, 1999, six months after the murder of Matthew Shepard, I was in synagogue, about to chant the infamous verse from this week's Torah portion, Leviticus 18:22: "Do not lie with a man as one lies with a woman; it is an abomination." I suddenly realized that in good conscience, I could not simply chant the words without making any comment. I felt that with my silence, I would join the religious voices that either condemned gays and lesbians or at least passively condoned discrimination against them.

So before chanting the aliya, I made the disclaimer that this verse, without radical reinterpretation, did not necessarily reflect the opinions of the synagogue or its clergy, and should not be used, as it had in the past, to encourage bigotry.

During the eight yearly cycles of the Torah since then, both the secular world and the Jewish world have made progress towards welcoming our GLBTQ friends into the community, but we have much more work to do. Gay marriage is currently legal in Massachusetts, as it is in the Netherlands, Belgium, South Africa, Canada, and Spain, and as many of us suspected, this has not led to the dissolution of any heterosexual marriages.

Civil unions are now legal in several states and in a number of countries. On the other hand, though, a majority of U.S. states have passed constitutional amendments banning gay marriage. The U.S. military still keeps the "don't ask, don't tell" policy that harms both itself and the GLBTQ community. And for eight and a half years since Matthew Shepard was murdered, legislation to make violence to gays a hate crime has been stalled.

As this law is taken up again by the new Congress, there is much we can do, locally, and nationally, to try to influence our communities to be less hateful, and more open and welcoming.

Within the Jewish sphere
Ken :: Disclaiming and Reclaiming; Gay Rights in Leviticus
, this has been a historic year for gay rights in the Conservative movement. Although more sweeping measures were not passed, and two rulings that upheld the status quo were, the passage of a moderate liberal ruling paved the way for both the University of Judaism and the Jewish Theological Seminary to begin accepting openly gay and lesbian rabbinical and cantorial students. These seminaries, like the U.S. army, had spent many years rejecting talented applicants and forcing others into the closet, simply because of their sexual orientation. However, for the average Conservative synagogue, the new rulings don't necessarily make a difference. Rather, we need to make a difference, and after years of offering a lukewarm welcome to GLBTQ Jews, the burden is on us to show we have changed by becoming actively welcoming, instead of merely neutral. For starters, we can ask how we can better serve gay congregants, educate our congregations to be more welcoming, and start Gay-Straight Alliances.

While this week's double Torah portion contains the two verses (Lev. 18:22 and 20:13) that have been a source for hostility towards the gay community, it also contains some verses that may be part of a solution. In the "holiness code" of chapter 19, verse 14 says not to insult the deaf or place a stumbling block before the blind. I suggest that we read this broadly as an injunction to be aware of each person's particular needs as we relate to them. Sexual orientation falls squarely among those qualities over which people have no control and for which it is cruel to use these qualities against them. Verse 18 includes the famous words "V'ahavta l'rey'acha kamocha,"--"Love your neighbor as yourself."

I have noticed that heterosexuals who advocate for gay rights tend to have friends or family members who are openly gay. Perhaps the first step that many of us need to take is to recognize GLBTQ people as our neighbors. Rabbi Harold Kushner teaches that we are commanded to love the stranger (v.34), because the natural reaction to being abused, as our people was in Egypt, is to become an abuser oneself. Rather we are commanded to learn from our experience to empathize with and support the oppressed. Finally, the holiness code begins by saying, "You shall be holy, for I, your God, am holy." One of the best ways we can get closer to God is by seeing every person as made in God's image and treating him or her as such.

Just today I heard from a congregant whose elderly mother had passed away after an illness. Her son had recently traveled from abroad in order to spend a few weeks with his dying grandmother, and now that she had passed away, he regretted that he had not felt comfortable telling her that he was gay or introducing his partner to her, lest he upset her during her final days. I hope that someday soon, if we are to read the two troublesome verses from the middle of Leviticus without discussing their problematic nature, it will be because the GLBTQ community has been fully accepted into secular and religious life. We still have much work to do before this day comes. Let us do our best to take action to speed its arrival.

Ken Richmond is the Cantor and Family Educator of Temple Israel of Natick, MA, where he works with a new Gay-Straight Group. He teaches in the Cantor-Educator Program at Hebrew College in Newton, MA. He and his wife, rabbinical student Shira Shazeer, lead the Klezmaniacs and Fish Street Klezmer.
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Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
Welcome to our first cantorial blogger! Great to have you on board, Ken.
Personally, I've picked up the practice of reading the offending line in Eicha trop (used to read the book of Lamentations and a handful of other verses judged to be particularly painful). I know others who read the verse quietly (as we do in reading the verses of rebuke in the book of Deuteronomy).

But--at least the Conservative movement, for one, is in a better place than when we read this parashah last year. . .

Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
Ken,
As one of your congregants, I thank you for a sensitive. inspiring and well-articulated piece. Y'shar koach. Shabbat Shalom. PJ

Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
There is a lot of nasty stuff in the Old Testament--not only the part about killing gay people and so-called "witches," but also "smiting" entire populations. My own perspective is that the Old Testament is essentially a history of the Jewish people, and some of it is not very nice--just like the history of just about every civilization on earth. Leviticus, with its rules about "clean" and "unclean," seems to have been a public health code that was very advanced for its time.

It is important to remember, though, that modern Jews do not go around "smiting" the way the ancient Hebrews did; Israel "smites" only to defend itself. Modern Christians do not act the way "Christians" behaved during the Middle Ages and Renaissance. Only militant "Muslims" still act the way their ancestors behaved a thousand years ago, i.e. killing so-called unbelievers in the name of Allah, and even the wrong "kinds" of Muslims (Sunnis vs. Shiites). Come to think of it, the Palestinian Authority treats gay Palestinians as described in Leviticus, which is something for anti-Israel gay organizations to think about.

Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
Since it is not possible to lie with a man as one lies with a woman, the prohibition is at best obscure; if not meaningless.

If the verse is meant to prohibit homosexuality why does the verse not state this explicitly?

The verse could have explicitly stated the prohibition that a man may not lie down with a man and a woman may not lie down with a woman.

If one interprets the verse as addressing men and prohibiting them from practicing homosexuality, then the verse does not prohibit lesbianism. Why is one prohibited and not the other? Could it be that the verse is not at all a prohibition against homosexuality ?

Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
The Old Testament could not prohibit what we call homosexuality because the idea of homosexuality as a sexual identity is a very recent one. It has absolutely no conception of sexual identity. While it assumes that men are primarily attracted to women, there is an awareness that men may want to lie with men and animals as well - not that there is a certain 'type' that only wants to lie with men.
Although I feel that the idea of sexual identity is essentially a social construct (and there is variation as well as a spectrum of desires), the awareness that there are people in our society who want to exclusively partner with those of their own sex in the context of monogamous relations totally changes the context of this act from that imagined in the Torah. This verse describes an act - and not an orientation - that is seen as deviant from the normative way of relating sexuality to relationships. It seems to me that a sexual act connected to relationships in the 'normative' Torah way but that does this with one of the same sex (again, something inconvceivable in the Torah's context) is totally out of the scope of this verse.

Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
While I rejoice that the Conservative movement has accepted R. Dorff's teshuva, I remain appalled that it also accepted a teshuva that recommends repairative therapy as a solution to being gay, as if being gay were the problem. The disease is homophobia both in modern psychological terms and in halakhic ones. gayness is a gift from Ha-Shem. While we all, both LGBTI peole and those that are homoerotically challanged, remain carriers of this disease having absorbed it from the soil that nurtured us, I congratulate you, Cantor Richmond on your refuah. May the day come soon when such a refuah can truly be shelaymah.

Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
Good to hear all of your insightful comments!

Great idea, Rabbi Jacobs, to read the offending verses in an undertone or Lamentations trope-- I tried to implement that last-minute, but ended up accidentally pointing out the wrong verse to our Torah reader. (most of the verses in that section start the same way-- "don't sleep with...")

I too was amazed that the CJLS (Committee on Jewish Law and Standards) accepted a teshuva recommending repairative therapy. I do think, though, that as GLBT students become ordained as rabbis and cantors, the climate will have to become more welcoming in the Conservative movement, more same-sex wedding ceremonies will be created, and maybe a more sweeping teshuva will someday be passed, as opposed to the Dorff/ Nevins/ Reissner one which rests (cleverly) on the technicality that "djs" mentioned above.

I am encouraged by the good news in the American political system-- states like New Hampshire and Oregon endorsing civil unions, and Gov. Spitzer raising gay marriage as an issue in NY. I am worried, though, at the prospect of Massachusetts putting gay marriage up to a popular vote if we don't get another handful or two of state senators to block it.

I am also curious to know what sorts of changes you are seeing in how welcoming your communities are to GLBTQ Jews since the Law Committee's rulings.

Shabbat Shalom--

Re: Disclaiming and Reclaiming; Gay Rights in Leviticus (0.00 / 0)
Ken,

You ask, "I am also curious to know what sorts of changes you are seeing in how welcoming your communities are to GLBTQ Jews since the Law Committee's rulings."

Here in Los Angeles the Conservative Rabbis that I know have been chomping at the bit, waiting for the RA to give them hekhsher to perform same sex commitment ceremonies. I may not have the clearest view. My primary shul is a Reform one which has primary outreach to LGBTIQ people, but I often daven at the same Conservative shul as R. Dorff.

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