Marriage

Same-Sex Marriage

The liberal Jewish movements are struggling to balance contemporary morality and Jewish tradition in deciding whether to ritually honor same-sex unions.

By Michele Alperin

In light of the biblical prohibition against homosexuality--"Do not lie with a male as one lies with a woman; it is an abhorrence" (Leviticus 18:22)--the liberal Jewish movements have been struggling to formulate religious responses that are true both to contemporary ethics and to Jewish tradition. The decision about whether and how to support both civil and religious same-sex marriage has been particularly difficult.

 

The movements have had to explore a number of issues: If indeed the Torah has prohibited homosexuality, how have the Talmud and later Jewish sources understood homosexuality and lesbianism? Is the nature of the Jewish marriage ceremony or kiddushin as defined in legal texts exclusively heterosexual or do other aspects of Jewish tradition--the focus on family and on exclusive relationships--mandate the acceptance of homosexual bonds? Or perhaps a new ceremony must be developed that is like Jewish marriage, but has different legal implications. Finally, each movement must decide whether it will require its clergy to perform ceremonies for same-sex unions?

 

Whereas Orthodox Judaism, except for a scattering of individual voices, sees such marriage as an affront to moral values, it's not so easy for the more liberal movements.

 

Not surprisingly, the relatively traditional Conservative movement has had difficulty reaching a consensus. The movement supports civil rights for homosexuals and lesbians; however, the Conservative law committee prohibits same-sex marriage based on the illegality of homosexuality according to Jewish tradition. On the other hand, some influential Conservative rabbis support both civil and Jewish same-sex marriage.

 

The Reform movement has also been conflicted about religious same-sex unions, but has supported civil marriages for years. In a 1997 opinion, for example, the majority of the Central Conference of American Rabbis' (CCAR) responsa committee (which provides "guidance, not governance") held that the textual understanding of Jewish marriage excluded the possibility of same-sex marriage. Yet just three years later, a resolution of the entire CCAR stated that same-sex relationships were "worthy of affirmation through appropriate Jewish ritual"--although the nature of this ritual was left unspecified. The decision as to whether to perform such ceremonies was left to individual rabbis.

 

Only the Reconstructionist movement has come out strongly in favor of same-sex marriages, both civil and religious, claiming that just as the love between heterosexuals is celebrated, "so too we celebrate the love between gay or lesbian Jews." Reconstructionist rabbis are not required to perform same-sex ceremonies, however most do.

 

With same-sex marriage increasingly discussed in legal and public forums in the West, the question of where Jews stand on the issue will only increase in coming years. Public debate on the issue will likely press the liberal Jewish movements to continue and deepen their explorations of the viability of rituals that celebrate same-sex unions within Judaism.

 

Michele Alperin is a freelance writer in Princeton, New Jersey, and served as editor of the lifecycle section of MyJewishLearning.com. She has master's degree in Jewish education from the Jewish Theological Seminary.