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August 20, 1999/8 Elul 5759, Vol. 51, No.46

Decree to wipe out Amalek offers contemporary message

Torah Study

JILL JACOBS
Deuteronomy 21:10-25:19/Ki Tetze
The Amalekites, according to Exodus 17, were the first to attack the Israelites after the departure from Egyptian slavery. While the Israelites subsequently fought with many other tribes, the Torah singles out Amalek as the perpetual enemy of the people. This week's Torah portion, Ki Tetze, instructs us to "blot out the memory of Amalek from under heaven. Do not forget!" (Deuteronomy 25:19).

The particular sin of Amalek, the text tells us, was that the tribe approached from behind, attacking the stragglers - elderly, children, those too weak to defend themselves.

A utilitarian observer might call it fortunate that Amalek attacked the weakest members of the community rather than endanger the lives of his soldiers. But the Torah teaches us compassion, not utilitarianism. Along with its instructions to "not ill-treat any widow or orphan" (Exodus 22:21), and to "love (the stranger) as yourself" (Leviticus 19:34), the Torah instructs us to root out oppression of the marginalized. It is not enough to refrain from oppressing others; we must be vigilant in eradicating oppression.

As American Jews, we have a responsibility to protect those in our nation who are marginalized and therefore susceptible to attack. The first step is guaranteeing civil rights protections to all. Yet today, three decades after the civil rights battles of the 1960s, one group continues to be denied federal civil rights protections.

While it is illegal to make employment decisions based on race, religion, gender, ethnicity, disability or national background, it remains legal in 38 states to discriminate based on sexual orientation. This means that a person can be fired or denied a job, promotion or raise because he or she is gay or perceived as gay. Excluding gays and lesbians from the civil rights protections that most enjoy leaves them vulnerable to attacks by the Amalekites of our time.

The Employment Non-Discrimination Act, which prohibits employers, employment agencies and labor unions from hiring, firing, promoting and compensating employees on the basis of sexual orientation, is scheduled for a U.S. Senate vote this fall. First introduced in 1994, ENDA fell one vote short of a Senate victory in 1996. An employer can fire or otherwise mistreat employees who have no legal recourse.

Why do we, as a Jewish community, have a particular responsibility to push for the passage of ENDA? Again, the story of Amalek is instructive. As we have seen, the Torah offers two condemnations of Amalek. Immediately after the battle, God promises: "I will wipe out the memory of Amalek from under heavens! ... God will be at war with Amalek throughout the ages" (Exodus 17:14-16). At this time, the Israelites had just left slavery, had yet to concretize a national identity and were ill-equipped to take on eternal obligations. Therefore, God assumed responsibility for taking revenge on Amalek.

At the time of the events recorded in Deuteronomy, the people no longer feel the bonds of slavery and are about to establish themselves as an independent nation in their own homeland. They have received the Torah and are becoming accustomed to following the law. The people are capable of taking on obligations and fighting their own battles, and so God transfers to them the responsibility to "wipe out the memory of Amalek from under heaven."

Today, the American Jewish community sits in a position of strength. We are disproportionately represented in politics and in intellectual life. We have fully integrated ourselves into American life. The commandment to blot out Amalek reminds us that when the marginalized are vulnerable, we are all vulnerable. The commandment to do battle with the Amalekites applies to every generation.

This generation's support of ENDA will be an important step in reducing the vulnerability of one of our society's most marginalized groups. And as long as anyone among us remains vulnerable, the Amalekites will have won.

Jill Jacobs, a rabbinical student at the Jewish Theological Seminary and a Wexner Fellow, is currently an intern at The Interfaith Alliance, a nonpartisan, clergy-led grassroots organization dedicated to promoting the positive and healing role of religion in public life and challenging religious political extremism.


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