Judaism and Sexual Orientation - Conservative/Masorti Judaism

Conservative/Masorti Judaism

As a matter of both Jewish law and institutional policy, Conservative Judaism has wrestled with homosexuality issues since the 1980s.

In Conservative Judaism, the Committee on Jewish Law and Standards (CJLS) of the Rabbinical Assembly makes the movement's decisions concerning Jewish law. In 1992, the CJLS action affirmed its traditional prohibition on homosexual conduct, blessing same-sex unions, and ordaining openly gay clergy. However, these prohibitions grew increasingly controversial within the Conservative movement.

In 2006, the CJLS shifted its position and paved the way for significant changes regarding the Conservative movement's policies toward homosexuality. On December 6, 2006, The CJLS adopted three distinct responsa reflecting very different approaches to the subject. One responsum substantially liberalized Conservative Judaism's approach including lifting most (but not all) classical prohibitions on homosexual conduct and permitted the blessing of homosexual unions and the ordination of gay clergy. Two others completely retained traditional prohibitions. 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 liberalizing responsum, adopted as a majority opinion by 13 of 25 votes, was authored by Rabbis Elliot N. Dorff, Daniel Nevins, and Avram Reisner. It lifted most restrictions on homosexual conduct and opened the way to the ordination of openly gay and lesbian rabbis and acceptance of homosexual unions, but stopped short of religiously recognizing gay marriage. The responsum invoked the Talmudic principle of kavod habriyot, which the authors translated as "human dignity", as authority for this approach. The responsum maintained a prohibition on male-male anal sex, which it described as the sole Biblically prohibited homosexual act. This act remains a yehareg ve'al ya'avor ("die rather than transgress" offense) under the decision.

Two traditionalist responsa were adopted. A responsum by Rabbi Joel Roth, adopted as a majority opinion by 13 votes, reaffirmed a general complete prohibition on homosexual conduct. A second responsum by Rabbi Leonard Levy, adopted as a minority opinion by 6 votes, maintained that homosexuality is potentially curable and encouraged people with homosexual inclinations interested in living as religious Jews to seek treatment.

The Committee rejected a fourth paper by Gordon Tucker which would have lifted all restrictions on homosexual sexual practices.

The consequences of the decision have been mixed. On the one hand, four members of the Committee, Rabbis Joel Roth, Leonard Levy, Mayer Rabinowitz, and Joseph Prouser, resigned from the CJLS following adoption of the change. On the other hand, the Ziegler School of Rabbinic Studies of the University of Judaism (now the American Jewish University) 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. On March 26, 2007, the Jewish Theological Seminary of America in New York followed suit and began accepting openly homosexual candidates for admission for their Rabbinical program.

Meanwhile, 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 local rabbinic authorities (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 Golinkin, wrote the CJLS protesting its reconsideration of the traditional ban on homosexual conduct. The Masorti movements in Argentina, Hungary, and the United Kingdom have indicated that they will not admit or ordain homosexual rabbinical students. The Masorti Movement's Israeli seminar also rejected a change in its view of the status of homosexual conduct, stating that "Jewish law has traditionally prohibited homosexuality."

Rabbi Bradley Artson, Dean of the Rabbinic School at American Jewish University claims to have studied every reference he could find to homosexual activity mentioned in ancient Greek and Latin writers. Every citation he found described an encounter between males where one party, the master, physically abused another, the slave. Rabbi Artson could not find a single example where one partner was not subservient to the other. "Homosexual relationships today," Rabbi Artson says, "should not be compared to the ancient world. I know too many homosexual individuals, including close friends and relatives, who are committed to one another in loving long-term monogamous relationships. I know too many same-sex couples that are loving parents raising good descent ethical children. Who's to say their family relationships are less sanctified in the eyes of God than mine is with my wife and our children?"