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| Image for illustration purposes only (Reform Judaism) |
These are some of the thoughts that entered my mind when I read a recent JTA headline:
Israel has been an LGBTQ haven in the Middle East. Its new government could change that.
With the heavy presence of observant K’nesset members in Israel’s new governing coalition, these question come into real focus. (For purposes of simplicity, I will limit my comments to the gay community.)
This is not to say that I agree with the comment made by an Israeli minister about being a ‘proud homophobe’. That is a disgusting remark, to say the least. But I do agree with his attempt to make gay pride parades illegal.
As I have said many times, Israel’s status as a fully Jewish state or fully democratic state cannot exist simultaneously. Most notably in respect to gay rights. In a full democracy, gay rights should be extended to the full gamut of human experiences and privileges. Their behavior in and out of the bedroom being of no concern to anyone. That should include gay marriage and the right to demonstrate pride in their sexual identity by way of parades.
On the other hand if a Jewish state is going to be defined by Halacha, gay rights can only go so far. That's because gay sex is considered a serious violation of Halacha. The idea of a Jewish state sanctioning the marriage a 2 gay men to each other is therefore out of the question. Sexual intimacy is integral to very idea of marriage. Gay sex will surely be an important part of a gay couple’s lives. There is no way that Halacha could ever sanction a gay marriage.
Israeli law currently forbids gay marriages to be performed in Israel. But Israel does recognize gay marriages performed outside of the country. Which undermines the intent of the law forbidding it. In my view that law should change to not recognizing any gay marriage no matter where it is performed. This does not mean that there should be discrimination against gay couples. It's just that I do not believe that a Jewish state should give official recognition to it.
As noted, I am also opposed to gay pride parades. To be proud of a a predilection to gay sex is as ridiculous as being proud of predilection to eating ham. Or eating Chametz on Pesach, Or violating Shabbos. Can anyone imagine a parade promoting pride in these things? And yet that is exactly what Gay Pride parades are all about. It may very well be true that human beings cannot help who they are attracted to. Some people are attracted to members of their own sex. But celebrating that should not be part of a society that defines itself as Jewish by virtue of Halacha.
That said, gay people should have the right to be treated with the same dignity straight people are. As I constantly say, they are human beings created in the image of God and to be treated that way.
Israel’s Court system has in the past ruled on he side of democracy on this issue. But where does that leave Israel's Jewish identity? This is where the above questions come into play. If we do not define a Jewish state in terms of Halacha, in what way will it be Jewish? If Israel is just a state filled with Jews, I do not think it can be called a Jewish state. There has to be something that defines the state itself as Jewish.
If it is not Halacha, What is it? It can’t just be culture. There is really no such thing as Jewish culture. At least not anything enduring. Jewish culture changes with the times or with location. Western Jewish culture is different than Middle Eastern Jewish culture. I don’t know when lox and bagels were invented, but I doubt it was part of Jewish culture in ancient times. The only definition that has passed the test of time is Halacha.
That Halacha has evolved over time is to the extent that it had to be applied to new circumstances such as the advent of technology. To put it the way Dr. Eliezer Berkovits did, Halacha does not adapt to the times. It is applied to the times.
As an example, the 39 Melachos that are considered violations of Shabbos are the same today as they were at the time of the Mishna. What changed over time is how they are applied to new technologies. Not the 39 Melachos themselves.
What about defining a Jewish state based on Halacha that pertains to interpersonal relationships? While those Halchos are an integral part of Judaism, they cannot be used as the sole definition of a Jewish state. That’s because they are not unique to Judaism..
How does all this fit in with Israel as both a Democracy and a Jewish state?
As I have said, Israel has no choice but try and have the best of both worlds There has to be some measure of Halacha if it is to be defined as a Jewish state. as there does some measure of demcracy. That was the idea behind the status quo agreement.
In recent years Israel’s left wing judiciary has been pecking away at the Halachic side of the Jewish state while increasing its democratic side. To the cheers of a world that sees a full democracy as the ultimate form of government . Religious law is seen as based on a bible authored by an ancient people filled with the biases of their time. To be discarded in light of our more enlightened times.
This is obviously not how any religious Jew sees things. The new more religious government is trying to reverse the trend away from religion. And I support it. As long as gay people are not otherwise denied their civil rights, pride parades ought to be outlawed for the reasons I said. As should recognition of any gay marriage. Again - for the reasons I said.
If Israel is going to retain its identity as a Jewish state – it has to pay attention to Halacha as much as possible. Which in a democracy means giving secular Jews as much autonomy as possible. As long as they do not glorify violations of Halacha. or in anyway undermine its intent.
The problem here is that the rest of the left leaning world treats democracy as sacrosanct while treating all religions as ancient superstitions filled with gobbledygook. Which is why there is such an uproar over the possibility of a more religious government in Israel. Religion is seen as anti democratic.
To reiterate what I have said so many times recently. I have no love lost for the extreme right of this new government. They in fact scare me in many ways (that are beyond the scope of this post). But when they are right, as I believe they are in this case, I will support them.