Class: ENG 111 Expository Writing
Assignment: Write a concept essay on a controversial issue.
Grade: 98/100 (A)
Date: November 2009
Halakhah and Homosexuality
Jacob is an Orthodox Jew. He thinks Benjamin is attractive, but because the Bible says homosexuality is a sin, he resists his impulses and tries to find his girlfriend Sarah more appealing. Meanwhile, Sam, a Conservative Jew from a nearby congregation, is studying to become a rabbi with the encouragement of his family and his boyfriend Dan. How is it that these two Jewish men lead such similar, yet drastically different lives? What causes Jacob to hide his homosexual feelings but allows Sam to live openly gay?
Jewish law, known as halakhah, is a uniting force among all Jews; however, what stands to be halakhically acceptable can vary greatly between different branches of Judaism. To understand how these two men living so closely to one another can be affected by Jewish law in such different ways today, we must turn back time to the dawn of Judaism and see how its system of law has developed and evolved ever since.
Judaism traces its roots to the time of the first patriarch, Abraham, who is estimated to have lived in the year 1800 BCE; however, the earliest historical record of Abraham’s descendants, then known as the Israelites, does not appear before 1200 BCE. Judaism’s main religious text is the Torah, or the Five Books of Moses in the Old Testament. Additionally, there is an oral Torah compiled in the fifth century that is known as the Talmud and includes multiple levels of commentary on the Torah and its laws. There is no single Jewish document more concerned with Jewish law than the Shulchan Arukh, “the set table,” a code of law written by Joseph Caro in the sixteenth century.
It is from these texts that Jewish law is derived. Known in Hebrew as halakhah, which comes from the verb “to walk,” Jewish law is literally “the path which one walks.” Jewish law governs every part of a Jew’s life, from the food they eat to their business affairs to the people they’re allowed to marry (and the people they’re not allowed to marry, as in Jacob’s and Sam’s cases), and even what roles a husband and wife should play in that marriage. Jewish law is broken into two categories: Halakhah d’oraita comprises the 613 commandments written in the Torah, while halakhah d’rabbanan refers to the laws enacted by Jewish sages and rabbis, beginning with the Talmud and continuing into modern times.
There are three categories of rabbinic law: Gezeirot are laws enacted to build a fence around the Torah; that is, to prevent one from accidentally violating one of the Torah’s 613 commandments. Takkanot are laws unrelated to Biblical laws that have been put into place for the welfare of the community. One such example of a ninth century takkanah is the law forbidding polygyny (taking multiple wives), which was allowed in the Torah but forbidden by the Catholic church in medieval Europe, under whose legislation Jews were ultimate subjected. The last category of halakhah is known as minhag and includes all the customs that have been ingrained into Jewish life even if not written as an official part of halakhah.
When it comes to homosexuality, Jewish law is both d’oraita and d’rabbanan: In Leviticus 18:22, the Bible explicitly says “Do not lie with a male as one lies with a woman; it is an abhorrence.” This led medieval rabbis to enact a gezeirah proclaiming it illegal for two gay men to be even physically close, lest it lead them to breaking the Torah’s commandment.
Although halakhah aims to govern every aspect of a Jew’s personal and communal life, in today’s world where there exists no wholly Jewish government (even Israel’s government is riddled with influences of the secular), halakhah has historically been forced to be subordinate to the law of the state in which it is being determined, as has already been seen by the halakhic outlawing of polygyny in the ninth century. This often puts Jews under multiple legal systems, such as Jacob and Sam, residents of New York City, who are subject not only to halakhah, but also to New York state laws and federal laws of the United States of America.
This modern juxtaposition of religious and secular legal systems requires us to compare and contrast the legal positions of both. As has already been stated, traditional halakhah asserts that homosexual acts, including but not limited to sex between two males and same-sex marriages, are explicitly forbidden. New York law, however, differs on both accounts: New York sodomy laws were repealed in 1980 and removed completely in 2000. Furthermore, although same-sex marriages are not yet legal in New York, same-sex marriages performed elsewhere are recognized by state marriage laws. Observant Jews, however, typically follow the halakhic ruling when stricter than that of the governing legislation.
Jewish law differs not just from state law, but also within Judaism, which is why we see Jacob’s and Sam’s responses to being gay as drastically different as they are. Orthodox Jews like Jacob preserve halakhah and Jewish tradition in their most authentic—and thereby most restrictive—forms. In Orthodox communities, Jewish dietary laws are strictly followed, men and women are still separated while praying, and a gay man’s only option is celibacy or so-called reparative therapy. His goal typically remains the same: to have a wife and children.
In the most liberal branches of Judaism—the Reform, Reconstructionist, and Renewal movements—homosexuality has almost become a non-issue it is so widely accepted. According to the movement overviews compiled by Jewish Mosaic: The National Center for Gender and Sexual Diversity, all three movements have ordained gay and lesbian rabbis since the nineties and have universally supported same-sex civil marriages for just as long.
Conservative Jews like Sam have been caught in the middle of such extremes. In 1992, the Committee on Jewish Law and Standards (CJLS), who decide halakhah in the Conservative movement, passed the Consensus Statement on Homosexuality, which welcomed gays into the movement while adhering to the precedent that gays could not become rabbis or be married under Jewish law. It also stated that the decision of whether or not gays could serve on synagogue committees or lead religious services was to be determined by individual rabbis. In 2006, the CJLS revisited the issue and passed three conflicting responses, two favoring the traditional standpoint while the third supporting a greater welcome for gays in the Conservative movement, once more leaving the decision of which path to follow up to individual communities. With these new laws in place, the doors to the rabbinate were finally opened for gay and lesbian Conservative Jews and many rabbinical colleges changed their policies to reflect this.
But what would life be like if Jacob and Sam weren’t Jewish, but belonged some other faith? If they belonged to a liberal Protestant denomination, they might both live as comfortably as Sam does, but if part of a conservative Protestant denomination or Catholicism, they’d still be living like Jacob is. If Muslim, they could even be punished by death.
In conclusion, we can easily see that halakhah has been around since the birth of Judaism nearly four thousand years ago and has continued to evolve ever since. Jacob may continue to struggle with being gay while Sam rejoices in his acceptance into a renowned Jewish seminary, but despite the differences in how they interpret traditional halakhah, Jewish law still connects them to each other and to Jews everywhere around the world.
Addendum: Since writing this essay, I’ve learned that many gay and lesbian Orthodox Jews, although still subscribing to the laws of the Torah, are open about being gay and no longer pursue heterosexual relationships that would ultimately cause pain for both marriage partners. Nonetheless, the openness of these individuals varies greatly from person to person, and although some are comfortable having homosexual relationships, others are not. With something as personal as sexuality, no one standard can be set upon all people and be expected to apply to each of them equally. Hopefully, however, this trend signals a movement toward a more accepting Jewish community, for all Jews, whether Orthodox or otherwise.
(For those interested in reading more, a works cited list is available.)