Rabbi Harold Schulweis Archives
MORALITY, LEGALITY AND HOMOSEXUALITY
Rosh Hashana 1992
by Harold M. Schulweis
Judaism is wedded to creation. We are in this world and of this world and not
of another. Judaism promises no escape from the sand and rocks of reality and
its idea of salvation counsels no flight to another world.
The very first line of the Bible speaks of creation: "In the beginning
God created". We begin with the creation of this world. We are to be concerned
with the creatures of this world, the creatures of the sea, the fowl of the
air, the beasts and the cattle, everything that creeps upon the ground, and
the human being. The Bible focuses attention upon the promises and failures,
the sins and lusts, the dreams and desires, the creation out of dust of the
human being endowed with the image of God. Judaism is married to reality, the
whole of reality. It does not flinch from the encounter with sickness or death
or guilt or sin. Nor does it avert its eyes from the condition of sexuality.
In the midst of the holiest day of Yom Kippur at the Mincha service, the tradition
selects for public reading not an episode about angels or saints but a section
from the Torah that deals with the nakedness of the body, incest and adultery
and homosexuality. In that reading the verse is found "Do not lie with
a male as one lies with a woman. It is an abomination". (Leviticus 18:22)
In Leviticus 20:13 the verse is expanded to include "And if a man lies
with mankind both of these have committed an abomination. They shall surely
be put to death. Their blood shall be upon them."
If our tradition dared to speak of such intimate matters on the holiest of
days with candor, should we smother our thoughts and mute our words about these
concerns? If Judaism is a way of life, a way of responding to reality, then
the phenomenon of gay and lesbian relationships must openly addressed. Every
major church, every social critic, every newspaper, every journal is focused
on this phenomenon. It has been placed prominently on the agenda of the great
political debate before the November election.
According to the best informed sources, it is surmised that 10% of the general
population is homosexual. Demographers suggest that the same percentage applies
to other people including our own. If then there are 6 million Jews in America
it may be conservatively estimated that 600,000 gay and lesbians are in our
midst. Six hundred thousand is a large figure, as many as all of the Jews in
all of Los Angeles. Even if the lower estimates of 4% of the population are
used, it would mean that 240,000 Jews are homosexual. The issue is presently
being debated in the Rabbinical Assembly, the Jewish Law Committee of the Conservative
Movement and among Biblical scholars and masters of the law.
My interest in the matter is more personal, less academic. It began a few years
ago. She was a woman, a member of our congregation in her late 50's who sat
in the congregation and exhibited a familiarity with both the Prayer Book and
the Bible. She came every Sabbath and then at the end of one service asked to
see me privately. She sat across from my desk. "You may remember my son,
who attended Hebrew High School and was a student at the University of Judaism.
He kept the secret of his orientation to himself. Whenever the issue of gays
and lesbians came up, he felt threatened, ridiculed, humiliated, hurt. I knew
his sexual orientation and he knew how disturbed I was with the state of affairs.
One day he announced that he was going to San Francisco for "the cure".
A friend had suggested the right therapist who would change him, would teach
him to be straight and normal. I kept receiving a number of letters from him.
He was ebullient. Things were fine now. He had changed. He was a "new man".
Then I discovered much too late that he was lying to me and to himself. My son
took his life."
She stopped speaking and looked at me. "I'm here to ask you Rabbi, was
my son an abomination? Was he punished? Is that why he died?" She was visibly
shaken, her eyes full of tears and pain, despair and anger. "I want to
know", she continued, "what does Judaism say about my son? Was he
guilty or was I? Was I too strong, too domineering a mother, and my husband
too weak, too detached?" She had come to me for a posthumous eulogy.
Her question never left me. It is one thing to read a scientific paper or to
examine a rabbinic text; it is another to look into the pained eyes of another
human being. It is one thing to know the laws; it is another thing to speak
it out loud to another.
After her visit, the stigmatized issue of homosexuality seems to emerge everywhere.
Shortly after her visit I read an article in the Jewish press by Dr. Morris
Mandel, a clinical psychologist who cites the following letter he received.
"Before I take my life let me write you for advice. I am Jewish, Orthodox
and most unfortunately, homosexual. Talk of marriages thrust in my face as I
am of marriage age. The only trouble is that I am running out of excuses. I
have done much
repentance and prayer to God but He does not hear my prayers. I am a sub-human
creature. Life to me is hearing more jokes about homosexuals. My heart bleeds
and I pray to the God of my fathers that He never again thrusts this poison
into the House of Jacob."
There have been several scientific studies indicating an unusual prevalence
of suicide attempts among homosexual persons. The recent report of the Secretary's
Task Force on youth suicide projected that gay adolescents were two to three
times more likely than their peers to attempt suicide. They accounted for more
than 30% of completed youth suicides last year.
Increasingly over these last years I have been visited by people from within
the congregation and from without. Jewish young men and Jewish young women whom
I know and who know me, whose parents I know and who are members of the Synagogue.
At first they speak in whispers, with stammering hesitation. But finally there
pours out of their lips revelations of terrible hurt and confusion and the feelings
of worthlessness. They tell of the nagging clues of their felt difference during
their early adolescence, feelings they have managed to repress. For a long time,
memories of their predilections for certain games and certain apparel and friends
of the same gender were buried. Then as they grew older a recognition of their
attraction to people of the same gender could not be denied. It was for them
a deep, dark, shameful secret. They did well enough in school and had warm relationships
with their parents but they were bleeding every day from jibes and jokes about
dykes, queens and butches, and of faggots, fags and "feigele-boychik".
Everyone laughed at the mimicry of the stand-up comedians. The minced gait,
the sissy lisp, the limp hand that brought peals of laughter to everyone except
to themselves. Why could they not laugh?
It was not easy for them to make the appointment with me.
They were apprehensive about my reaction. They had come to me not knowing exactly
why, whether out of guilt, or the need for confession or more often out of a
concern for their parents.
"I love my parents. I love my family. I can't bear to hurt them. I don't
know what to do. Can I keep on hiding it from them? Should I run away? Should
I leave the community? Should I leave the congregation?"
"I don't know what to say to the friends of my parents who want so desperately
to fix me up. 'How come you're not dating?' What must they think of me?: that
I have no sexual feelings, no romantic desires, that I am a eunuch? I love my
parents. The other day my mother said 'All I want is to dance at your wedding'
and I died with guilt."
"Honesty is important in my family. I was raised to tell the truth. What
do I say to my employers about my sexual orientation? I have an important career
that brings me close to people. Do I lie to them? Do I deceive them? Am I condemned
to live like a fugitive, forever running, dissembling, fearful of being discovered?
Am I doomed to live forever embarrassed? Must I remain so guarded with everyone
lest I give the secret away? Am I so guilty, is my love so shameful that I must
forever veil the mark of Cain on my forehead? What do I say to you when you
see me with my partner? How do I introduce my domestic companion to you or to
anyone? I am not in a closet. I'm in a casket."
They are tortured souls, these Jewish sons and daughters. Some have dared reveal
their secret to their parents. "Now that they know, my parents don't look
at me the same way. But I am the same son with whom they played as a child,
whom they fed and clothed and in whom they rejoiced. I am the same son who brought
home good grades and participated in the plays in Sunday School, in Hebrew School,
in regular school. I am the same son with whom they rejoiced at my Bar Mitzvah.
I look at the dejected faces of my father and mother and I tempted to cry out,
"Papa have you no blessing for me? Mama, do you see nothing in me but my
sexual orientation? Am I not the same loving, caring, sensitive son to you?
What do I say to these our children? What do I say to them as a rabbi, as a
Jew? What's the problem? It should not be so difficult for me to tell them.
We all know the Biblical verse, the tradition, the law.
I turn to them and ask, "Did you choose to be gay or lesbian? Is this
a matter of free will, your gay or lesbian lifestyle?" The answers are
much the same. "Do you think that what I am I would willingly choose? That
I would voluntarily choose a life that ostracizes me from my friends and family,
that makes of me a pariah, that affects my career, my job, my house, my employment?
Did you choose to be a heterosexual? No more did I choose to be gay. The choice
I have to face is not whether to be or not to be as I am, not whether or not
to feel as I do, but whether to reveal my sexual orientation or to bury it in
me and recite the Kaddish."
I read as much as I can and talk to others about the issue. I come across a
great deal of material which indicates the genetic character of some if not
all homosexual orientation. I read of the work of Prof. Simon LeVay, a neuroscientist
at the Salk Institute in La Jolla, who scanned brains of 41 cadavers, including
19 homosexual males, and identified a tiny area in the brain believed to control
sexual activity. Dr. LeVay found that the hypothalamus was less than half the
size in gay men than in heterosexual men; and that a portion of the hypothalamus
in the brain of males was more than twice as large as that of women. He observed
that the cluster of neurons was more than twice as large in heterosexual males
than in homosexual males, and that the cluster in homosexual males was about
the same size as those in women.
Researchers from report their findings in the Proceedings of the National Academy
of Sciences (July 1992) offering more evidence that brains of homosexual males
are fundamentally different from the brains of heterosexuals. Based on the examinations
of brains obtained by autopsies, the UCLA neuroscientists Roger Gorski and Laura
Allen, report that the band of fibers connecting the cortex of the left and
right sides of the brain - the anterior commissure -was 34% larger in homosexual
men than in heterosexual men, and 18% larger than that of women studied.
Only months after LeVay's disclosure, the work of psychologist Dr. Michael
Bailey of Northwest University and psychiatrist Dr. Richard Pillard of Boston
University School of Medicine was revealed. Their research showed that if one
identical twin is gay the other is almost three times more likely to be gay
than when the twins were fraternal. It suggests to them some clear genetic makeup
which affects their sexual relations.
I am not a scientist and I do not claim to understand all of the implications
of these researchers. There remains considerable uncertainty about the etiology
of gay and lesbian sexual relations. If sexual orientation is in the brain,
John Money, the psychologist at John Hopkins asks, when did it get there? Was
it pre-natal, neo-natal, during childhood, during puberty? However these questions
are resolved, it seems clear that no true judgment can assume that the gay person
who appears before him is such because of some willed choice.
Scientific evidence aside, when I speak to these men and women they reveal
that their preferential erotic attraction was not chosen, but discovered, and
discovered with pain and anxiety. Their orientation is as given as my own heterosexuality,
whether it is explained as an act of nature or of God. Who then could call such
basic involuntary orientation immoral and justify its punishment? The testimony
of these people must be heeded. When a person declares on Yom Kippur that he
needs to eat food, we listen to him. "Even if a hundred expert physicians
say that he does not need it, we listen to him - as the scripture says "The
heart knows its own bitterness." (Proverbs 14:10)
The rabbinic ruling in the Talmud Baba Bathra and Nedarim declares "anus
rachmana patray", "The Holy One exempts those who act under duress."
In cases of compulsion, the merciful one exempts. Who am I to condemn and punish?
The gender object of a person's sexual arousal can't be mandated. "Ought"
implies "can". But they can't.
But can't they? Other rabbis argue that while those who can't determine their
sexual orientation or feelings, they certainly can control their behavior. They
contend that we all have instincts, impulses, drives that are not in our control,
but we do not give them license. They tell the gays and lesbians to inhibit
their passion and follow God's law. So the chairman of the Conservative Jewish
Law Committee in his responsum writes, "I have issued an invitation or
perhaps a demand to the halachically concerned homosexual to refrain entirely
from homosexual practice by remaining celibate and by not engaging in the common
homosexual lifestyle."
There are rabbis as knowledgeable and as moral as I who maintain that the law
is the law, that the Biblical verses of Leviticus cannot, must not, dare not
be changed. They argue that it is irrelevant to the law whether homosexuality
is genetically or neurologically determined, whether or not they are "constitutional"
gay and lesbian - those who cannot meet their physical and emotional needs in
heterosexual relationships, whether or not they are "anusim" - forced,
coerced, compelled by nature - none of these factors justifies overturning the
law. Whatever the etiology of homo-sexuality, whether it is traced to hormonal
imbalances, whether psychological techniques are shown to be incapable of changing
a homosexual to a heterosexual person, all such scientific, cultural and moral
explanations are inconsequential. The divinely revealed law is irreversible.
Were I to follow their judgment, I would, in the last analysis, be compelled
to say to those sons and daughters who seek Jewish wisdom and equity, "abstain
forever". Get thee to a monastery, get thee to a nunnery. Control yourself.
Remain celibate for life, and that presumably would include auto-erotic behavior.
I confess that I cannot for the life of me look into their eyes and deny them
the intimacy, love, pleasure, and sensuality that is God's gift. I cannot in
God's name, in the name of Torah and Israel speak in that fashion. Because such
a verdict runs against my Jewish sensibility. To bring misery, pain, torture,
anguish to innocent people who are created the way they are violates my Jewish
conscience. I cannot bury my Jewish sense of fairness and compassion. The words
from the Book of Job ring in my ears. "Did He that made me in the womb
not make him? Did not the one who formed him form me too and shape us in one
womb?" I do not regard these people as sinners or their love as abomination.
The God I have been raised with is "El Mole Rachamim", God who art
full of mercy, and the attribute which Jews are to emulate is that of compassion.
More than compassion is involved. Jewish wisdom and the morality of Jewish
law are at stake. The Torah is a law of life, of truth and of peace. The Torah
is no cold slab of stone thrown down from heaven. The Torah was written in the
language of human beings for our understanding and for our moral fulfillment.
Jews have the right, and the tradition to interpret the text so that it sanctifies
God's name, our lives and that of our children. This is no heresy. The Rabbis
of the tradition over and again dealt with morally problematic Biblical verses
that they would not allow to rest on their literal meaning. They interpreted
the Biblical "an eye for an eye and a tooth for a tooth" so that it
did not remain the Jewish way to compensate for injury.
In the Talmud, a deaf-mute was considered to be retarded, mentally incompetent,
an imbecile not able to serve or witness or to be counted in the minyan or able
to affect marriage or divorce. But that ruling was based on empirically false
data. On a visit to the Vienna Institute for the Deaf and Dumb, Rabbi Simchah
Sofer saw that their impaired speech and hearing had nothing to do with their
intelligence and accountability, and urged altering the older rabbinic judgment.
The law and its legal interpretations are rooted in history. Every text has
its context. The laws of leprosy were in Bible times thought to be contagious
and originate in the sin of slander or other transgressions. Who today would
apply the quarantine and sacrificial purification for an illness we have learned
to identify as Hansen's disease? Who would maintain that disease is a punishment
from God?
The rabbis of the Talmud assumed that homosexual acts were acts of free will,
even ideological. They did not know of "constitutional" gay and lesbians
who had no control over their sexual orientation. Moreover it is far from clear
what the biblical term "toevah" translated as "abomination"
means or to what it refers. Some Biblical scholars maintain that the Biblical
word for abomination "toevah", refers not to homosexuality but more
likely to cultic prostitution; and that what the Bible inveighed against was
the pagan tradition that paid obeisance to pagan gods by all forms of illicit
sexual behavior.
Many fear the domino effect. If homosexuality is decriminalized then adultery,
pederasty and incest are next to fall. But the liberalization of sexual orientation
in no sense condones infidelity or coercion or the absence of adult consent.
Aside from the biological consequences of incestuous relations, which makes
it more than a victimless transgression, the proponent of incest has legitimate
alternative modes to express his sexuality, options that are denied the constitutional
homosexual.
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