Judaism and Homosexuality: A civil partnership?

The act and not the person

(כא) וּמִֽזַּרְעֲךָ֥ לֹא־תִתֵּ֖ן לְהַעֲבִ֣יר לַמֹּ֑לֶךְ וְלֹ֧א תְחַלֵּ֛ל אֶת־שֵׁ֥ם אֱלֹהֶ֖יךָ אֲנִ֥י ה' (כב) וְאֶ֨ת־זָכָ֔ר לֹ֥א תִשְׁכַּ֖ב מִשְׁכְּבֵ֣י אִשָּׁ֑ה תּוֹעֵבָ֖ה הִֽוא׃ (כג) וּבְכָל־בְּהֵמָ֛ה לֹא־תִתֵּ֥ן שְׁכָבְתְּךָ֖ לְטָמְאָה־בָ֑הּ וְאִשָּׁ֗ה לֹֽא־תַעֲמֹ֞ד לִפְנֵ֧י בְהֵמָ֛ה לְרִבְעָ֖הּ תֶּ֥בֶל הֽוּא׃
(21) And thou shalt not give any of thy seed to set them apart to Molech, neither shalt thou profane the name of thy God: I am the LORD. (22) Thou shalt not lie with mankind, as with womankind; it is abomination. (23) And thou shalt not lie with any beast to defile thyself therewith; neither shall any woman stand before a beast, to lie down thereto; it is perversion.
(יג) וְאִ֗ישׁ אֲשֶׁ֨ר יִשְׁכַּ֤ב אֶת־זָכָר֙ מִשְׁכְּבֵ֣י אִשָּׁ֔ה תּוֹעֵבָ֥ה עָשׂ֖וּ שְׁנֵיהֶ֑ם מ֥וֹת יוּמָ֖תוּ דְּמֵיהֶ֥ם בָּֽם׃

(13) And if a man lie with mankind, as with womankind, both of them have committed abomination: they shall surely be put to death; their blood shall be upon them.

To'evah - Changing our use of language

הכי אמר רחמנא תועבה תועה אתה בה

Thus says Divine Law, To’evah (is a contraction for) to’ch attah bah- you are straying with this (act by abounding relations with a woman)

(כה) פְּסִילֵ֥י אֱלֹהֵיהֶ֖ם תִּשְׂרְפ֣וּן בָּאֵ֑שׁ לֹֽא־תַחְמֹד֩ כֶּ֨סֶף וְזָהָ֤ב עֲלֵיהֶם֙ וְלָקַחְתָּ֣ לָ֔ךְ פֶּ֚ן תִּוָּקֵ֣שׁ בּ֔וֹ כִּ֧י תוֹעֲבַ֛ת ה' אֱלֹהֶ֖יךָ הֽוּא׃ (כו) וְלֹא־תָבִ֤יא תֽוֹעֵבָה֙ אֶל־בֵּיתֶ֔ךָ וְהָיִ֥יתָ חֵ֖רֶם כָּמֹ֑הוּ שַׁקֵּ֧ץ ׀ תְּשַׁקְּצֶ֛נּוּ וְתַעֵ֥ב ׀ תְּֽתַעֲבֶ֖נּוּ כִּי־חֵ֥רֶם הֽוּא׃ (פ)
(25) The graven images of their gods shall ye burn with fire; thou shalt not covet the silver or the gold that is on them, nor take it unto thee, lest thou be snared therein; for it is an abomination to the LORD thy God. (26) And thou shalt not bring an abomination into thy house, and be accursed like unto it; thou shalt utterly detest it, and thou shalt utterly abhor it; for it is a devoted thing.
(ג) לֹ֥א תֹאכַ֖ל כָּל־תּוֹעֵבָֽה׃
(3) Thou shalt not eat any abominable thing.
(כז) כִּ֚י אֶת־כָּל־הַתּוֹעֵבֹ֣ת הָאֵ֔ל עָשׂ֥וּ אַנְשֵֽׁי־הָאָ֖רֶץ אֲשֶׁ֣ר לִפְנֵיכֶ֑ם וַתִּטְמָ֖א הָאָֽרֶץ׃
(27) for all these abominations have the men of the land done, that were before you, and the land is defiled—
(ט) כִּ֤י אַתָּה֙ בָּ֣א אֶל־הָאָ֔רֶץ אֲשֶׁר־ה' אֱלֹהֶ֖יךָ נֹתֵ֣ן לָ֑ךְ לֹֽא־תִלְמַ֣ד לַעֲשׂ֔וֹת כְּתוֹעֲבֹ֖ת הַגּוֹיִ֥ם הָהֵֽם׃ (י) לֹֽא־יִמָּצֵ֣א בְךָ֔ מַעֲבִ֥יר בְּנֽוֹ־וּבִתּ֖וֹ בָּאֵ֑שׁ קֹסֵ֣ם קְסָמִ֔ים מְעוֹנֵ֥ן וּמְנַחֵ֖שׁ וּמְכַשֵּֽׁף׃ (יא) וְחֹבֵ֖ר חָ֑בֶר וְשֹׁאֵ֥ל אוֹב֙ וְיִדְּעֹנִ֔י וְדֹרֵ֖שׁ אֶל־הַמֵּתִֽים׃ (יב) כִּֽי־תוֹעֲבַ֥ת ה' כָּל־עֹ֣שֵׂה אֵ֑לֶּה וּבִגְלַל֙ הַתּוֹעֵבֹ֣ת הָאֵ֔לֶּה ה' אֱלֹהֶ֔יךָ מוֹרִ֥ישׁ אוֹתָ֖ם מִפָּנֶֽיךָ׃
(9) When thou art come into the land which the LORD thy God giveth thee, thou shalt not learn to do after the abominations of those nations. (10) There shall not be found among you any one that maketh his son or his daughter to pass through the fire, one that useth divination, a soothsayer, or an enchanter, or a sorcerer, (11) or a charmer, or one that consulteth a ghost or a familiar spirit, or a necromancer. (12) For whosoever doeth these things is an abomination unto the LORD; and because of these abominations the LORD thy God is driving them out from before thee.

So what shall we do?

(ד) הוּא הָיָה אוֹמֵר, עֲשֵׂה רְצוֹנוֹ כִּרְצוֹנֶךָ, כְּדֵי שֶׁיַּעֲשֶׂה רְצוֹנְךָ כִּרְצוֹנוֹ. בַּטֵּל רְצוֹנְךָ מִפְּנֵי רְצוֹנוֹ, כְּדֵי שֶׁיְּבַטֵּל רְצוֹן אֲחֵרִים מִפְּנֵי רְצוֹנֶךָ. הִלֵּל אוֹמֵר, אַל תִּפְרוֹשׁ מִן הַצִּבּוּר, וְאַל תַּאֲמֵן בְּעַצְמָךְ עַד יוֹם מוֹתָךְ, וְאַל תָּדִין אֶת חֲבֵרָךְ עַד שֶׁתַּגִּיעַ לִמְקוֹמוֹ, וְאַל תֹּאמַר דָּבָר שֶׁאִי אֶפְשָׁר לִשְׁמוֹעַ שֶׁסּוֹפוֹ לְהִשָּׁמַע. וְאַל תֹּאמַר לִכְשֶׁאֶפָּנֶה אֶשְׁנֶה, שֶׁמָּא לֹא תִפָּנֶה:

(4) He would say: Make His will like your will, in order that He may make your will like His. Nullify your will before His, in order that the wills of others may be nullified before your will. Hillel says: Do not separate from the community, do not trust in yourself until the day of your death, do not judge your fellow until you have reached his place, and do not say something that should not be heard, for in the end it will be heard, and do not say, "When I become free I will learn" - lest you never become free.

(יח) וַיֹּ֙אמֶר֙ ה' אֱלֹהִ֔ים לֹא־ט֛וֹב הֱי֥וֹת הָֽאָדָ֖ם לְבַדּ֑וֹ אֶֽעֱשֶׂהּ־לּ֥וֹ עֵ֖זֶר כְּנֶגְדּֽוֹ׃

(18) And the LORD God said: ‘It is not good that the man should be alone; I will make him a help meet for him.’

Various options for Gay Jews:

Celibacy

Marriage with limited sexual contact

Marriage with sexual intercourse

Leaving the Jewish/Orthodox community

Putting energy into being 'married' to a community and becoming a communal figure

Jewish marriage ceremony with all the trimmings

A civil ceremony with jewish symbolism

Rabbi Steve Greenberg - A gay orthodox rabbi

Whatever the halachic argument will be, we will need to know much more about homosexuality to ensure that people are treated not merely as alien objects of a system but as persons within it.Whatever the halachic argument will be, we will need to know much more about homosexuality to ensure that people are treated not merely as alien objects of a system but as persons within it...

...the standard Orthodox position is to require celibacy. Many recent articles and responsa regard gay sex as indistinguishable from adultery, incest, or bestiality. The heterosexual is asked to limit sexuality to the marital bed, to nonrelatives, to human beings; the homosexual is asked to live a loveless life. I have lived portions of my adult life as a celibate clergyman. While it can have spiritual potency for a Moses or a Ben Azzai, who abandoned sexual life for God or Torah, it is not a Jewish way to live. Always sleeping alone, in a cold bed, without touch, without the daily physical interplay of lives morning and night - this celibate scenario is life-denying and, for me, has always led to a shrinking of spirit. What sort of Torah, what voice of God would demand celibacy from all gay people? Such a reading of divine intent is nothing short of cruel.

Rabbi Seth Farber

Oness Rahmana Patrei

My own approach to the matter is that the Orthodox community should adopt the stance of “oness rahmana patrei” – The Merciful One overlooks what is out of a person’s control. This was first suggested by R. Norman Lamm in the 1974 Encyclopedia Judaica Yearbook and I believe that this principle should serve as a basis for formulating an Open Orthodox response to the many challenges of accepting and integrating homosexuals into our community...

...urges are controlled by the calming factor of knowing there is an alternative outlet. Unlike heterosexuals, gay Orthodox Jews have no halakhically acceptable outlet for the vital human need for intimate partnership, and never will. This is the key difference between this case of oness and most other cases. One cannot view celibacy as moment by moment abstinence. The oness derives from the cumulative weight of the totality of the moments of a person’s life, an absolutely crushing weight in this case.

Psychologically, gay Orthodox Jews are faced with one of two options: either be sexually active and fragment this transgression from their conscious minds, or be celibate and live with the knowledge that they will never experience a real intimate relationship. I firmly believe that the latter is not really a livable option for most adults, but a debilitating and life-crushing prospect. Advocating for it is an exercise in futility.

Rabbi Shmuley Boteach

He also states that homosexuality cannot be a deviance, since by definition sexual deviance is an oxymoron. Since sex is instinctive, an instinct cannot be deviant. God expressed a preference for heterosexuality and mandated that only this type of sexual activity is permitted for human beings. Since the Torah has defined Western morality (and has preserved it for thousands of years), its viewpoint needs to be taken seriously.


Rabbi Norman Lamm

Clearly, while Judaism needs no defense or apology in regard to its esteem for neighborly love and compassion for the individual sufferer, it cannot possibly abide a wholesale dismissal of its most basic moral principles on the grounds that those subject to its judgments find them repressive. All laws are repressive to some extent -they repress illegal activities- and all morality is concerned with changing man and improving him and his society. Homosexuality imposes on one an intolerable burden of differentness, of absurdity, and of loneliness, but the Biblical commandment outlawing pederasty cannot be put aside solely on the basis of sympathy for the victim of these feelings. Morality, too, is an element which each of us, given his sensuality, his own idiosyncracies, and his immoral proclivities, must take into serious consideration before acting out his impulses.