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March 26, 2004/Nisan 4 5764, Vol. 56, No. 27
The fight for equalityRABBI MICHAEL NAMATHPresident George Bush's decision to endorse a constitutional amendment that would ban states from extending the legal protections of civil marriage to gay and lesbian couples is deeply troubling. Jewish values and American history should lead our community to speak out against this egregious proposal to enshrine discrimination against a specific group of citizens and intolerance of specific religious beliefs into our nation's most sacred document.The fight for equality is uniquely tied to the history of this nation. From the suffrage movement, to the civil rights movement, to the gay rights movement, minorities in this country have worked tirelessly to achieve equal rights as guaranteed to them by the founding visions of the United States. It is this history and this sense of morality that compels condemnation of the Federal Marriage Amendment. There are, of course, some who argue that the Torah forbids relationships between same sex couples. That is true only if one were to focus on only a few isolated lines, rather than on the values expressed throughout the text. If we were to follow the Torah literally, we would put to death not only those in homosexual relationships, but also a child who insults his or her parents, an adulterer, a person who communes with ghosts and anyone who takes the name of God in vain. Opposition to this amendment comes from the basic belief that all human beings are created b'tzelem Elohim (in the divine image), as it says in Genesis 1:27, "And God created humans in God's image, in the image of God, God created them; male and female God created them." If we take seriously the belief that all people are made b'tzelem Elohim, in the image of God, and that the diversity of humanity reflects the vastness of God, then we must act in that manner. Each individual is inherently valuable, and in this spirit, we must embrace our diversity and demand equality for all. In Judaism, it is taught in Torah and later Rabbinic writings that the family serves as the fundamental institution of society - rooted in love and devoted to raising children in a loving, supportive environment. Families of loving gay and lesbian couples are capable of creating a nurturing environment for children, and the unions of loving gay and lesbian couples are worthy of affirmation through Jewish ritual. Civil marriage must be differentiated from religious marriage - because religious marriage is an institution and a religious concept that must remain the domain of religion, but civil marriage is a set of legal protections and benefits that the government grants based on the possession of a civil marriage license. Not all religions should have to recognize same-sex religious marriage, yet at the same time, the government must give equal protection to all its citizens and equal respect to all its religions. There is tremendous value in the diversity of religious traditions. Respect for the beliefs of people whose religions are opposed to same-sex marriages is part of that diversity. No one would ever want any clergy member, synagogue or church to be forced to sanctify a same-sex religious wedding. But an amendment to the Constitution is not necessary to protect that freedom. The government should never force religious institutions to recognize, sanctify or condone any marital union. In fact, this national debate in which we are embroiled has nothing to do with religious wedding ceremonies. Regardless of what our politicians decide, some religions will continue to sanctify same-sex marriages, and some never will. Discriminatory legislation like the Federal Marriage Amendment is not about protecting families. Certainly, my family will not be hurt by giving the states the freedom to recognize the committed spiritual relationship of two loving adults. How can two loving adults coming together to form a beautiful family harm family values? Are our families and marriages and communities so fragile and shallow that they are threatened by the love between two adults of the same sex? We must work to ensure that such an effort to enshrine homophobia, intolerance and inequality in our Constitution fails and does so by an overwhelming margin. We are all God's children. Let us stop issuing decrees of hatred and begin enacting legislation and implementing policies that will foster healthy, loving, caring and committed relationships. Let us ensure that in this nation, no one will ever again be discriminated against on the basis of sexual orientation or religious conviction. Rabbi Michael Namath is program director of the Religious Action Center of Reform Judaism. |
