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Morethodoxy

August 24, 2011 | 9:26 pm

A religious dilemma

Posted by Rabbi Hyim Shafner

My friend and former student Esther (not her real name) embodies all the values and qualities that are deemed praiseworthy in the Orthodox Jewish community…except for one.  She is a leader of Jewish people helping to form observant and learned communities wherever she goes.  She is smart, modest, humble, learned in Torah, observant with the punctiliousness and passion that is the Orthodox ideal, and she even grew up Orthodox, the perfect match for any Jewish man…except that she is, and has always been, only attracted to women.

Esther tried for many years to figure out what her observant Jewish life would look like.  She knew two things for sure, she was gay and she was Orthodox.  The question for her and for many Orthodox Jews who are only attracted emotionally and sexually to people of the same gender is: How should I live my life?  Should I be celibate?  Should I live with a roommate of the same gender and raise children but not tell the world in any official way that we are as loving, supportive and as one person as much as any married heterosexual couple?  Should I have a partner and be open about it and raise an Orthodox family and risk being ostracized?  The easy fixes like not being gay or not being religiously observant are usually not options for people who really are gay and who really are observant Jews.

I always knew the time would come when Esther would realize that she would not really be able to live alone her whole life.  A woman of community and family, steeped in the beauty of Jewish family values, of Shabbat (Sabbath) tables filled with rejoicing, singing, and words of torah study, and of community.  A woman who knows what the important values are and is not moved by the narishkiet (Yiddish for nonsense) that larger American society and its superficial media driven values constantly churns out to us.  Esther is a woman steeped in Orthodox Jewish family values and Torah through and through. 

The time that I knew would come, has come.  She met someone she loves, someone she can create a loving, religious Jewish family with which will embody the very best of Orthodox values.  Is creating a Jewish home with another woman and raising Jewish children the best thing for Esther’s Jewish life?  I believe it is. 

Esther wants to take the values that Judaism teaches about relationships, as embodied in its writings about Jewish family and weddings and in the Jewish wedding ceremony itself, and utilize them in a ceremony that will deepen and solidify the relationship with her same gender spouse that will serve as the foundation for their “bayit neeman biyisrael,” their house of faith among the Jewish people.  Instead of slinkingly living with a “roommate” she wants to publicly solidify this relationship and foundation for her new family in front of friends and community in order to encourage its longevity and strength. 

The halachot (Jewish laws) of Jewish marriage pertain only to a Jewish man and a Jewish woman who are permitted to each other.  True, it is not forbidden in Judaism to ceremoniously read sections of the book of Ruth about relationships, or the Song of Songs, or to make a blessing on a cup of wine, or to offer a prayer on behalf of a bride and a bride.  On the other hand all of the paradigms of marriage in the Torah are only between men and women. 

Is it the time to say our focus on drawing lines and holding ground against gays, their relationships and their marriages is wasted energy?  To say as Rabbi Shmuly Boteach recently has that we should stop focusing on gay marriage and worry about the 50% of heterosexual marriages that fail?  To acknowledge that marriage does not have to prompt a community analysis of what happens in people’s bedrooms but can just see what happens in their dining rooms and living rooms such as loving children and teaching them Judaism in a house of Jewish celebration and faith among our people?

Maybe this is the moment to stand up and say it is better for gay orthodox Jews (at least those who can not be celibate and still keep the rest of the Torah with joy) to be in monogamous relationships which are the most observant ones they can be?  To say why assume every relationship is only judged based upon what we think might be going on in the couple’s bed room and not on the building of a traditional Jewish home?  That when it comes to heterosexual couples who may be violating things in their bedroom that are forbidden by the Torah we turn a blind eye but when it comes to gay couples whose bedroom violations may be much less, perhaps only rabbinic, that suddenly we are up in arms? 

If I believe the best thing for Esther is to “marry” a woman and raise a Jewish family and I do not help facilitate that because I fear the reverberations in the Orthodox community am I a hypocrite?  On the other hand I am a Jew committed to Jewish law and tradition and same gender marriage has never been part of that, indeed has been seen as outside of it.

So what is a rabbi to do?

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This man is crazy! He is distorting the whole concept of marriage and the Jewish family.
This woman has a yetzer horah. What she like is not 100% kosher.
Okay, we all have our problems. But this ke’iloo rabbi wants to give it a hechsher.
First we have to think, “Is it right? Is this the way the Torah has presented the way things should be done?”
So there is no way Esther can imagine that what she wants to do is in any way Torahdik.

Comment by zvika on 8/25/11 at 3:06 am

You ask, “Maybe this is the moment to stand up and say it is better …”

No, it is not better. 

“So what is a rabbi to do?”

The constant, daily, struggle with urges/temptations that are prohibited by Torah are integral to our service to Hashem.  And not only should we NOT wish to avoid, or give into, a particular urge or temptation we have, thinking, the depression associated with this struggle is keeping me from serving Him with joy, we should recognize that this struggle is precisely our custom designed path TO serving Hashem and we should grown into the joy of embracing this form of service.

Comment by David on 8/25/11 at 7:20 am

Kol hakavod. An excellent and sensitive [removed]or better, cri de coeur) of the conflicting commitments that both “Esther” and you have.

Comment by Mordechai on 8/25/11 at 8:27 am

We should reserve the term “marriage” to Kiddushin, which can only occur between a man and a woman.  However, halacha does not require the emotional covenant that we associate and expect with marriage.  The emotional covenant that is common in modern marriage is of recent derivation and it that covenant that Esther and her partner want to experience within a Jewish context.  That emotional covenant leads to a desire to create a home and a family that is imbued with Jewish observance. Why should a Rabbi (homophobes aside) have a problem celebrating with an appropriate ceremony this emotional covenant that will lead to a loving, observant home?

Comment by Derek on 8/25/11 at 6:30 pm

Thank you for giving me hope in modern orthodoxy. One more step toward acceptance and tolerance.  The times, they are a changing and, though change comes slowly, each baby step towards embracing our humanity is a move in the right direction.  I’m proud to know you are struggling with the dilemma. I pray that in our days, all will see the truth which is evident in the spirit of the law given to us to be that light amongst the nations.

Comment by Natalie on 9/21/11 at 12:59 am

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