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Thinking Jewishly_GLBTQ Ex/Inclusion

(כ) וְאֶל־אֵ֙שֶׁת֙ עֲמִֽיתְךָ֔ לֹא־תִתֵּ֥ן שְׁכָבְתְּךָ֖ לְזָ֑רַע לְטָמְאָה־בָֽהּ׃ (כא) וּמִֽזַּרְעֲךָ֥ לֹא־תִתֵּ֖ן לְהַעֲבִ֣יר לַמֹּ֑לֶךְ וְלֹ֧א תְחַלֵּ֛ל אֶת־שֵׁ֥ם אֱלֹקֶ֖יךָ אֲנִ֥י יקוק (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׃

(כד) אַל־תִּֽטַּמְּא֖וּ בְּכָל־אֵ֑לֶּה כִּ֤י בְכָל־אֵ֙לֶּה֙ נִטְמְא֣וּ הַגּוֹיִ֔ם אֲשֶׁר־אֲנִ֥י מְשַׁלֵּ֖חַ מִפְּנֵיכֶֽם׃

(20) And thou shalt not lie carnally with thy neighbour’s wife, to defile thyself with her. (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. (24) Do not defile yourselves in any of those ways, for it is by such that the nations that I am casting out before you defiled themselves.

Rabbi Steve Greenberg
“The verse (in Leviticus) prohibits the kind of sex between men that is designed to effect the power and mastery of the penetrator. Sex for the conquest, for shoring up the ego, for self-aggrandizement, or worse, for the perverse pleasure of demeaning another man is prohibited.
Rabbi Michele Brand Medwin
The Canaanites used homosexual acts as part of their pagan rituals. Therefore the Israelites were prohibited from doing this, not because it was an act between two men but because it was symbolic of pagan ritual. In today's world this prohibition now has no meaning.
"Homosexuality in Ancient Rome" Oxford: Basil Blackwell, 1985, 26-35.
"In antiquity, there was no categorical distinction of humanity into heterosexual and homosexual as orientations. Instead, all people were divided into one of two groups: pleasure-takers and pleasure-givers. Free, adult males were considered takers of sexual pleasure. Women, slaves (male and female), prisoners were all considered legitimate sources of sexual pleasure."
Professor Shaye Cohen to Rabbi Bradley Artson (Private Correspondence, Nov 15, 1991)
"The sort of homosexual relationships which we are encountering more and more frequently in our society and about which you are speaking, that is, stable, monogamous, loving relationships between adults of equal status-- relationships of this kind were unknown in antiquity.... Consequently, we may assume that the rabbis of antiquity did not know, and therefore were not addressing, this type of homosexual relationship."
Lesbian Women or Gay Men?
“Women are forbidden to engage in lesbian practices with one another, these being “the doings of the land of Egypt” against which we have been warned . . . .” Maimonides, Code, “Laws Concerning Forbidden Intercourse,” 21:8
Spilling One's Seed
"It is forbidden to destroy [improperly emit] seed. Therefore, a man may not practice coitus interruptus" (Maimonides, Mishneh Torah, Isuray Biah 21:18).
"[In antiquity], Jews and most other people believed that it was the man and his semen who provides the actual life, the "seed," and that the woman was merely the soil, so to speak, in which the seed grew to maturity to be born. It was considered almost like murder to allow the "seed" to be wasted through masturbation, homosexuality, or sexual intercourse without intent to procreate. It was also erroneously believed...that semen, "the precious fluid," was limited in quantity so that if it was "wasted", the energy and strength of the man would thereby be reduced" (Mary Calderone and Eric Johnson, The Family Book about Sexuality, p. 158, quoted by Rabbi Michael Gold, p. 107, retrieved from Teaching Hot Topics, p. 307).
Modern Responsa
Reconstructionist Position (1993)
“We regard the Jewish values that affirm the inherent dignity, integrity, and equality of human beings as having primacy over historically conditioned attitudes based on the biblical, rabbinic, and medieval texts that condemn homosexuality as an abomination."
Enfranchising Monogamous Homosexuality (Rabbi Artson, 1992)
Simple justice cries out for a decriminalization of homosexuality in Jewish law. Homosexuality is no illness, nor is it necessarily unethical. As with heterosexuality, it can be expressed in ways that are degrading to human dignity or in ways that are nurturing and ethical. Encouraging sexual responsibility and stability among homosexuals can only strengthen family values and traditional communities for all. Lacking any compelling reason for stigmatizing monogamous gays and lesbians, the clear moral imperative is to take a bold stand with these innocent and seeking Jews rather than with those who would oppress them. We must find a way to draw these people into the fabric of Jewish community, with the goal of bringing them to a life of Torah and mitzvot. Now, as always, we must remember the fundamental goal of Jewish law: "Clearly justice is the ultimate value to which God's will must conform; any dichotomy between them is unthinkable. The demand of ethics and the command of God are one." (R. Gordis)

Conservative Movement's Responsa on Homosexuality (Dorff, Nevins, Reisner)
Dor dor v’doroshav—each generation demands its own interpretations of Jewish law. As the Torah says, “When a matter shall arise that confounds you…you shall go and inquire of the judge who shall be in that day, and they will tell you the law.” (Deut. 17:9) For the CJLS to avoid this issue or to declare that nothing can be done for homosexuals... would be a terrible defeat for our religious mission.
Homosexuality, Human Dignity, and Halakha. Elliott N. Dorff, Daniel Nevins, and Avram Reisner.Committee on Jewish Law and Standards, Rabbinical Assembly, December 6, 2006
So great is human dignity that it supersedes a negative commandment of the Torah. Yet no sooner is this potentially radical principle enunciated than it islimited specifically to the commandment that establishes rabbinic authority, , לא תסור “do not stray from the law they [i.e., the rabbis] teach you right or left.” This concern for human dignity is cited in both Talmuds to override certain injunctions, but it is not considered capable of overturning an explicit biblical rule.
It is not possible to set aside the explicit biblical prohibition on anal sex that is stated twice in Leviticus and frequently reaffirmed by the Rabbis. As we have shown, the kvod habriot principle supersedes rabbinic, not biblical law. Of course, there is a theoretical way to overturn biblical law via the legislative mechanism of takkanah (decree). We do not find this mechanism to be appropriate in our case, because takkanah requires the consent of the majority of the population, and this subject remains quite controversial in the observant Jewish community.
However, the rabbinic restrictions upon gay men and lesbian women that result in a total ban on all sexual expression throughout life are in direct conflict with the ability of these Jews to live in dignity as members of the people of Israel. For this reason, the halakhic principle of gadol k’vod habriot must be invoked by the CJLS to relieve their intolerable humiliation. We must make open and rigorous efforts to include gay and lesbian Jews in our communities, to provide a proper welcome and a legal framework for the normalization of their status in our congregations.
Conservative Movement's Responsa on Homosexuality Conclusions:
1. The explicit biblical ban on anal sex between men remains in effect. Gay men are instructed to refrain from anal sex.
2. gay and lesbian Jews are to be welcomed into our synagogues and other institutions as full members with no restrictions... and those who desire to serve as rabbis, cantors and educators shall be welcomed to apply to our professional schools and associations.
Gay Love in the Torah
(א) וַיְהִ֗י כְּכַלֹּתוֹ֙ לְדַבֵּ֣ר אֶל־שָׁא֔וּל וְנֶ֙פֶשׁ֙ יְה֣וֹנָתָ֔ן נִקְשְׁרָ֖ה בְּנֶ֣פֶשׁ דָּוִ֑ד ויאהבו [וַיֶּאֱהָבֵ֥הוּ] יְהוֹנָתָ֖ן כְּנַפְשֽׁוֹ׃ (ב) וַיִּקָּחֵ֥הוּ שָׁא֖וּל בַּיּ֣וֹם הַה֑וּא וְלֹ֣א נְתָנ֔וֹ לָשׁ֖וּב בֵּ֥ית אָבִֽיו׃ (ג) וַיִּכְרֹ֧ת יְהוֹנָתָ֛ן וְדָוִ֖ד בְּרִ֑ית בְּאַהֲבָת֥וֹ אֹת֖וֹ כְּנַפְשֽׁוֹ׃ (ד) וַיִּתְפַּשֵּׁ֣ט יְהוֹנָתָ֗ן אֶֽת־הַמְּעִיל֙ אֲשֶׁ֣ר עָלָ֔יו וַֽיִּתְּנֵ֖הוּ לְדָוִ֑ד וּמַדָּ֕יו וְעַד־חַרְבּ֥וֹ וְעַד־קַשְׁתּ֖וֹ וְעַד־חֲגֹרֽוֹ׃

(1) And it came to pass, when he had made an end of speaking unto Saul, that the soul of Jonathan was knit with the soul of David, and Jonathan loved him as his own soul. (2) And Saul took him that day, and would let him go no more home to his father’s house. (3) Then Jonathan made a covenant with David, because he loved him as his own soul. (4) And Jonathan stripped himself of the robe that was upon him, and gave it to David, and his apparel, even to his sword, and to his bow, and to his girdle.

CCAR Responsa on Human Sexuality (1998)
"WHEREAS justice and human dignity are cherished Jewish values, and WHEREAS, the institutions of Reform Judaism have a long history of support for civil and equal rights for gays and lesbians, and WHEREAS, North American organizations of the Reform Movement have passed resolutions in support of civil marriage for gays and lesbians, therefore WE DO HEREBY RESOLVE, that the relationship of a Jewish, same-gendered couple is worthy of affirmation through appropriate Jewish ritual . . ."