Sexual orientation has been a pivotal issue for Conservative Judaism since the 1980s. A major Jewish denomination in the U.S., Conservative Judaism has wrestled with homosexuality and bisexuality as a matter of Jewish law and institutional policy. As with other branches of Judaism debating the acceptability of sexual orientations other than heterosexuality, Conservative Jews faced both long-standing, rabbinic prohibitions on homosexual conduct as well as increasing demands for change in the movement's policies toward gays, bisexuals, and lesbians. Previously, the Conservative movement had changed its policies toward women, for example, by allowing the ordination of women as rabbis in 1983. Similarly, the Conservative leadership has been asked to stop discriminating against gay, bisexual, and lesbian people. This goal has been partially completed with the approval of the ordination of gay, bisexual, and lesbian rabbis in 2006 and of same-sex marriage ceremonies under Jewish law in 2012; However, the Conservative decision did not call same-sex marriages kiddushin, the traditional Jewish legal term for marriage, because that act of consecration is nonegalitarian and gender-specific. In the traditional kiddushin ceremony, a pair of blessings is recited and the bridegroom gives his bride a ring, proclaiming that he is marrying his bride “according to the laws of Moses and Israel.”. [1]
In Conservative Judaism, the Committee on Jewish Law and Standards (CJLS) of the Rabbinical Assembly makes the movement's decisions concerning Jewish law. The CJLS consistently refused to pass several proposed takkanot concerning the Levitical prohibitions on male-male anal sex, but also on all forms of homosexual intimacy in general. In 1992, the CJLS action affirmed its traditional prohibition on homosexual conduct, blessing same-sex unions, and ordaining openly gay, bisexual, and lesbian clergy. However, these prohibitions grew increasingly controversial within the Conservative movement. Regarding ordination, a major criticism for LGBT ordination is not that members of the LGBT movement are not decent individuals. Rather, a widely held view is that Rabbis must be an example for the community, and it would be in direct opposition to the prohibition of gay sex to ordain someone who violates that Jewish law. [2]
A variety of liberal proposals had been brought forth in the non-Orthodox community, including some by Rabbinical Assembly rabbis. Some argued that a change in Jewish understanding and law on this issue must change due to new information about the biology and genetics concerning human sexuality. Others argued that a change was required solely on ethical grounds. No such papers were accepted by the CJLS, as Conservative Judaism sees itself as bound by halakhah.
However, these arguments were soon expanded upon within more formal halakhic responsa, one of the most prominent by Rabbi Bradley Shavit Artson. He used historical, sociological and ethical considerations to argue that homosexuality, as it is now understood today, was not described by the Torah, or understood by traditional rabbis. As such, one would be able to restrict the understanding of the Torah prohibition to cases not being considered today. His views were considered important, but they were not accepted, by themselves, as halakhically convincing. A few years later Rabbi Elliot N. Dorff used these arguments in his case for re-evaluating Conservative Judaism's stand on sexual orientation, but held that Artson's paper was insufficiently halakhically rigorous. Dorff studied the issue of coercion, arguing that people who were innately homosexual due to biology were not to be regarded as sinning. His early papers on the subject began to gain acceptance among a minority of RA rabbis, but ultimately it was made clear that the CJLS would not accept this argument as sufficient.
Two additional papers, one by Rabbi Gordon Tucker and one by Rabbis Myron Geller, Robert Fine, and David Fine, went further than Dorff's paper. Tucker's paper stated that it is necessary to expand the definition of the halakhic process, and the Geller, Fine, and Fine paper redefined the corpus of Halakha as the representing the evolving beliefs and ideals of the Jewish people of a particular time and place as distinct from representing an infallible Divine will. While both papers had the support of at least 6 members, a majority of the CJLS found that both papers represented so extensive a change that they could not be accepted as a mere changes of Jewish law, but each should be regarded as a Takkanah that would uproot a Torah prohibition if passed. Under the CJLS rules, once a majority of the committee found a responsum to be a Takkanah, accepting it would require a majority of the Committee (13 of 25 votes), while an ordinary responsum could be accepted as a valid alternative with as few as 6 of 25 votes.
On December 6, 2006, the Committee on Jewish Law and Standards adopted diametrically opposed responsa on the issue of sexual orientation. The CJLS's action permits each congregational rabbi and rabbinical school to decide which responsum to adopt and hence set its own policy on the subject. The adoption of dual, contradictictory responsa represents a straddling of the contemporary societal divide over sexual matters. It also represents a sharp change from previous Conservative policy, which in 1993 had adopted a consensus position reaffirming a blanket prohibition on homosexual conduct while welcoming gay, bisexual, and lesbian people as members.
One responsum, by Rabbis Elliot N. Dorff, Daniel Nevins, and Avram Reisner, reduced the extent of traditional restrictions and substantially changed Conservative views on homosexual conduct. It characterized most such restrictions as rabbinic in character. It found rabbinic restrictions subject to reconsideration by the CJLS under its interpretation of the principle of Kavod HaBriyot, the Talmudic rule of legal reasoning that rabbinic (but not Biblical) restrictions can be overridden on the basis of "respect for others" or "human dignity". Holding that the concept of kavod habriyot interpreted as human dignity reflects Conservative Judaism's evolving understanding of human nature, it found rabbinic restrictions on homosexual conduct inconsistent with human dignity contemporarily understood and accordingly declared such restrictions lifted. Finding that it lacked authority under the kavod habriyot principle to lift biblical prohibitions, it analyzed the Biblical passages involved and found that male-male anal sex was the sole De'oraitha (Biblical) restrictions. It held that as a Biblical prohibition such conduct remained prohibited in Conservative Judaism. The responsum permitted Conservative rabbis to allow same-sex union ceremonies, and gave the option for Conservative rabbinical schools to admit and ordain openly gay, bisexual, and lesbian rabbis. It held that same-sex couples should be presumed not to engage in prohibited conduct in the same way that Conservative Judaism presumes that married heterosexual couples observe sexual prohibitions such as Niddah. [3]
The responsum begins with a quote from Rabbi Abraham Yitzhak HaKohen Kook,
After a discussion of contemporary theories of sexuality and a warning against promiscuity, the responsum interprets Leviticus 18:22 and 20:13 as pertaining to male-male anal sex only:
The responsum also insisted that Jewish law could not be interpreted any more permissively:
The responsum described rabbinic prohibitions on sexual relations as mere fences, many of which, it said, the Conservative movement had already lifted. It compared Rabbinic prohibitions on homosexual conduct to strictures on a husband approaching or touching his wife during the Niddah (post-menstrual) period:
This teshuvah makes a distinction between a Torah mitzvah and later rabbinical fence laws. It argues (page 8) that:
The responsum questioned whether requiring celibacy for same-sex couples was feasible, quoting Deutoronomy 30:11–14:
The responsum invoked and extensively commented on the concept of Kevod HaBriyot , "human dignity," noting that the concept is traditionally limited to Rabbinic enactments:
After an extensive discussion of this principle, the responsum applies it to declare all rabbinic prohibitions on homosexual conduct overridden, leaving only what it finds to be the biblical one:
In conclusion, the responsum declined to rule on the status of same-sex relationships, but declared that "the celebration of such a union is appropriate."
The CJLS also adopted two restrictive responsa, one as a majority and one as a minority opinion. The majority responsum, by Rabbi Joel Roth, [4] was also adopted by 13 votes. It maintained traditional prohibitions on homosexual conduct and forbade Conservative rabbis from blessing same-sex unions and rabbinical schools from ordaining gay, bisexual, and lesbian clergy. [5] On December 10, Rabbi Roth published an editorial in the Jewish Theological Seminary's newsletter JTS News providing some of the reasoning behind his responsum and explaining why he resigned following the CJLS's vote." [6]
According to Rabbi Roth, the central problem with the permissive responsum is that it adopted a claim that the Biblical prohibition on homosexual conduct is limited to anal sex only based on insufficient support in precedent, the view of only "one sage". Rabbi Roth argued that it is impermissible to adapt such a minority view:
Rabbi Roth also said that "Even if the prohibition against sexual behavior other than male intercourse is rabbinic in authority and not biblical, what justifies our abrogating that prohibition?" He argued that the Talmudic concept of Kavod HaBriyot, which the permissive responsum used as justification for doing so, is simply not the same thing as the idea of "human dignity" in contemporary liberalism:
Rabbi Roth stated that in his perception, the supporters of the permissive responsum were blinded by their predisposition to rule favorably and were unable to view the issue with a dispassionate legal mind.
Rabbi Roth argued that the halakhic legitimacy of the Conservative movement was at stake:
Rabbi Roth ended by articulating what he regarded as the fundamental difference between the traditionalist and the liberal wings of the Conservative movement. From the traditionalist point of view, acceptance of the hypothesis that the Torah was transmitted through multiple manuscripts and redactors in no way changes its status as a Divine, "legally infallible" document, a "given" reality to which any theological theory must conform:
Rabbi Leonard Levy's responsum, adopted as a minority opinion by six votes, delineated ways in which to ensure that gays and lesbians would be accorded human dignity and a respected place in Conservative communities and institutions while maintaining the authority of the traditional prohibitions against same-sex sexual activity. [8]
The CJLS rejected a proposed responsum by Rabbi Gordon Tucker which would have lifted all restrictions on homosexual conduct. Although it gained seven votes, the minimum to accept a responsum, it was classified as a takkanah (legislative decree) rather than a judicial interpretation. By CJLS procedural rules a takkanah requires 13 votes to pass. Accordingly, it was published as a dissenting opinion with a note that "concurring and dissenting opinions are not official positions of the Committee on Jewish Law and Standards". [9] The fundamental premise of the dissenting opinion was that the Torah is not infallible, legally or otherwise, but is subject to reconsideration based on subsequent knowledge:
Rabbis Myron Geller, Robert Fine, and David Fine wrote a dissent arguing for complete abolition of strictures against homosexual conduct, and explicit recognition of same-sex religious commitment ceremonies, on grounds that strictures were no longer socially relevant and religious support was now socially required. The opinion characterized Halakha as
The responsum argued that so regarded, Halakah can and should be updated to reflect changed values and social circumstances as they arise. [10]
The consequences of the decision have been mixed, both in the U.S. and elsewhere.
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. [1] [11] 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 would immediately begin admitting gay, bisexual, and lesbian students as soon as the law committee passed a policy that sanctions such ordination. [12] The Masorti movements in Argentina and the United Kingdom and the Neologs in Hungary at first indicated that they will not admit or ordain homosexual rabbinical students. [13]
The Masorti Movement's Israeli Seminary also rejected a change in its view of the status of homosexual conduct, stating that "Jewish law has traditionally prohibited homosexuality." [14] However, the Seminary reversed its position in April 2012, when it approved the ordination of gay, bisexual, and lesbian rabbis in Israel. [15]
In June 2012, the American branch of Conservative Judaism formally approved same-sex marriage ceremonies in a 13-0 vote. [16] The British Masorti Movement voted to allow its rabbis to conduct same-sex marriages in 2014. However, each of the 12 Masorti communities will be free to decide, whether they want to conduct same-sex marriage or remain only with heterosexual marriage. [17]
The Torah mentions explicitly two times that an act is prohibited, in Leviticus 18:22 and Leviticus 20:13. While the Biblical Hebrew phrase for the act is obscure and likely an ancient euphemism, [18] [19] a long history of traditional Jewish interpretation agrees that it specifically means "anal sex between men." [20] The prohibition has usually been extended to sexual relations between men in general, and often to sexual acts between women as well, in the history of the Conservative movement and Halacha overall. [21] While they are never discussed directly in Torah, the law has been extended to sexual acts between women based on principles of religious interpretation, or an assumption by some rabbis that the unspecified "sins of the Egyptians" referred to in Lev. 18:3 included sex between women. [20] The 2006 decision ruled on male anal sex in particular, leaving room for interpretation for Jewish lesbian couples. [22]
Progress has been made for same-sex couples in Conservative Judaism; they are now allowed to marry and receive guidance and support. In 2012, the U.S. Conservative movement endorsed gay marriage and provided guidelines for same-sex divorce. [23] While conservative Jewish rabbis may now bless same-sex marriages, men are expected not to have anal sex with each other because of the verses in Leviticus, and the movement recommends that people who do experience heterosexual attraction marry heterosexually (halachic law gives women the right to sexual satisfaction from a husband and men the obligation to have children, if they can). [24] The Torah verses prohibiting anal sex between men complicate the Conservative movement's position on homosexuality because many people confuse the two. In halachic law, the authority of a statement in Torah is higher than the authority of an agreement among rabbis. So it is much simpler for rabbis to change rules made in statements by past rabbis (prohibitions on ordaining gay rabbis or performing gay unions) than it is to issue new decisions about how to interpret statements made in Torah (Lev. 18:22 and 20:13). The Reform movement does not have this problem because Reform rabbis and synagogues do not abide by halachic law. Conservative Judaism also differs from the Reform movement on marriage; because a Jewish religious marriage includes kiddushin, an ancient legal action a man does to acquire a wife, the U.S. Conservative movement offers a new form of contract for same-sex couples, the Covenant of Loving Partners. [25] The Reform movement recognizes same-sex marriages as including kiddushin, and typically alters the ritual to be mutual for both heterosexual and homosexual couples.
Regarding rights, in 2013, the USCJ found these results in Conservative synagogues:
In Israel, many laws are governed by religious authorities, marriage included in this. Because religious law governs marriage, same-sex couples are not recognized as married by religious law. There are some non-profit organizations: Shoval, Bat Kol, and Havruta devoted to educating religious communities on acceptance and tolerance of the LGBT community in Israeli society. Among secular Israeli society, same-sex couples receive most of the same benefits as heterosexual couples. [27] However, among the religious jurisdiction, same-sex couples cannot legally marry in Israel, barring them from being recognized as married by the religious authorities.
Conservative Judaism, also known as Masorti Judaism, is a Jewish religious movement that regards the authority of Jewish law and tradition as emanating primarily from the assent of the people through the generations, more than from divine revelation. It therefore views Jewish law, or Halakha, as both binding and subject to historical development. The conservative rabbinate employs modern historical-critical research, rather than only traditional methods and sources, and lends great weight to its constituency, when determining its stance on matters of practice. The movement considers its approach as the authentic and most appropriate continuation of Halakhic discourse, maintaining both fealty to received forms and flexibility in their interpretation. It also eschews strict theological definitions, lacking a consensus in matters of faith and allowing great pluralism.
Halakha, also transliterated as halacha, halakhah, and halocho, is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. Halakha is based on biblical commandments (mitzvot), subsequent Talmudic and rabbinic laws, and the customs and traditions which were compiled in the many books such as the Shulchan Aruch. Halakha is often translated as "Jewish law", although a more literal translation might be "the way to behave" or "the way of walking". The word is derived from the root which means "to behave". Halakha not only guides religious practices and beliefs; it also guides numerous aspects of day-to-day life.
The subject of homosexuality and Judaism dates back to the Torah. The book of Vayikra (Leviticus) is traditionally regarded as classifying sexual intercourse between males as a to'eivah that can be subject to capital punishment by the current Sanhedrin under halakha.
Women in Judaism have affected the course of Judaism over millenia. Their role is reflected in the Hebrew Bible, the Oral Law, by custom, and by cultural factors. Although the Hebrew Bible and rabbinic literature present various female role models, religious law treats women in specific ways. According to a 2017 study by the Pew Research Center, women account for 52% of the worldwide Jewish population.
Joel Roth is an American rabbi in the Rabbinical Assembly, which is the rabbinical body of Conservative Judaism. He is a former member and chair of the assembly's Committee on Jewish Law and Standards (CJLS) which deals with questions of Jewish law and tradition, and serves as the Louis Finkelstein Professor of Talmud and Jewish Law at the Jewish Theological Seminary of America in New York City, where he formerly served as dean of the Rabbinical School. He is also Rosh Yeshiva of the Conservative Yeshiva in Jerusalem, Israel, an institution founded and maintained by the United Synagogue for Conservative Judaism and under the academic auspices of JTS. In 2006, Roth took over as chair of the Hebrew Language department at JTS.
The Committee on Jewish Law and Standards is the central authority on halakha within Conservative Judaism; it is one of the most active and widely known committees on the Conservative movement's Rabbinical Assembly. Within the movement it is known as the CJLS. The current chairman of the CJLS is Rabbi Pamela Barmash.
Steven Greenberg is an American rabbi with a rabbinic ordination from the Orthodox rabbinical seminary of Yeshiva University (RIETS). He is described as the first openly gay Orthodox-ordained Jewish rabbi, since he publicly disclosed he is gay in an article in the Israeli newspaper Maariv in 1999 and participated in a 2001 documentary film about gay men and women raised in the Orthodox Jewish world.
Gordon Tucker is a prominent rabbi, with a reputation as both a political and a theological liberal in Conservative Judaism. He is the former senior rabbi of Temple Israel Center in White Plains, New York. Since September 2020, he has served as the Vice Chancellor for Religious Life and Engagement at the Jewish Theological Seminary of America.
Although rare, there are instances within Jewish law that mandate a Jew to sacrifice their own life rather than violate a religious prohibition. One of these prohibitions is that no life should be taken, including one's own. Many more ritual prohibitions exist as well, which means that under limited circumstances a Jew has to self-sacrifice when the greater good calls for breaking a more minor dictate. This practice reflects the practical and perhaps malleable nature of Judaic law.
Conservative Judaism views halakha as normative and binding. The Conservative movement applies Jewish law to the full range of Jewish beliefs and practices, including thrice-daily prayer, Shabbat and holidays, marital relations and family purity, conversion, dietary laws (kashrut), and Jewish medical ethics. Institutionally, the Conservative movement rules on Jewish law both through centralized decisions, primarily by the Rabbinical Assembly and its Committee on Jewish Law and Standards, and through congregational rabbis at the local level. Conservative authorities produced voluminous Responsa literature.
Kevod HaBeriyot (Hebrew: כבוד הבריות; literally in Hebrew: "honor [of/due to] the [God's] creations " also variously translated as "individual dignity", "individual honor", or "human dignity" is a concept of Halakha originating in the Talmud which permits exceptions to Rabbinic decrees under certain circumstances. This concept has been used in a number of contemporary Jewish religious-law decisions in Orthodox and Conservative Judaism.
Criticism of Conservative Judaism is widespread in the Orthodox Jewish community, although the movement also has its critics in Reform Judaism and in other streams of Judaism. While the Conservative movement professes fidelity to Jewish tradition, it considers Halakha to be a dynamic process that needs reinterpreting in modern times. The criticism by Orthodox Jews and traditionalists within the movement itself revolves around the following:
Daniel S. ("Danny") Nevins is an American rabbi and a leader in the Conservative Movement who is head of school at Golda Och Academy in West Orange, NJ On January 29, 2007, Rabbi Nevins was named the Dean of the Rabbinical School of the Jewish Theological Seminary of America, succeeding Rabbi William Lebeau. In 2021, it was announced that Rabbi Nevins would be stepping down as dean of the JTS Rabbinical School. He was previously the spiritual leader of Adat Shalom Synagogue in Farmington Hills, Michigan, where he served for 13 years in his first pulpit. He is an authority on Jewish Law who co-authored a responsum that was passed by the Conservative Movement's Committee on Jewish Law and Standards paving the way for the Conservative Movement to allow gay marriage and to ordain lesbian and gay rabbis.
The first openly lesbian, gay, bisexual, and transgender clergy in Judaism were ordained as rabbis and/or cantors in the second half of the 20th century.
Lesbian, gay, bisexual, transgender (LGBT) affirming denominations in Judaism are Jewish religious groups that welcome LGBT members and do not consider homosexuality to be a sin. They include both entire Jewish denominations, as well as individual synagogues. Some are composed mainly of non-LGBT members and also have specific programs to welcome LGBT people, while others are composed mainly of LGBT members.
Same-sex marriage in Judaism has been a subject of debate within Jewish denominations. The traditional view among Jews is to regard same-sex relationships as categorically forbidden by the Torah. This remains the current view of Orthodox Judaism.
Forbidden relationships in Judaism are intimate relationships which are forbidden by prohibitions in the Torah or rabbinical injunctions.
Jewish traditions across different eras and regions devote considerable attention to sexuality. Sexuality is the subject of many narratives and laws in the Tanakh and rabbinic literature.
The prohibition of extracting semen in vain is a Biblical prohibition derived from, this is explained in the Midrash and Talmud. The prohibition forbids a male from intentional wasteful spilling of his semen. Unintentional wasting of seed is also a (lesser) sin according to the Oral Torah.
This is a timeline of LGBT Jewish history, which consists of events at the intersection of Judaism and queer people.