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Rabbi Steven Greenberg

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An Open Letter to Sen. Steve Saland on Same-Sex Marriage From a Gay Orthodox Rabbi

Posted: 06/22/2011 1:20 pm

Dear Senator Saland,

I am hoping that in the last hours of your deliberative process I have a chance to speak with you on the issue that fate (or heaven if you will) has put in your hands. I am an Orthodox rabbi, ordained at Yeshiva University. I am also the first openly gay Orthodox rabbi in the U.S. and have written a book on the topic, "Wrestling with God and Men: Homosexuality in the Jewish Tradition," which won the Koret Award for Philosophy and Thought. I share this with you so that my personal stake is made clear from the start. My partner and I cannot marry in New York state and the consequences are significant for us and our 7-month-old daughter, Amalia. I would be very happy to speak with you about this anytime.

The short of the matter is that the separation of church and state protects religions from state interference and protects the state and its many citizens from religious interference. Civil marriage is not Catholic or Jewish or Mormon. It is a wide frame, surely based on a historical norms, but much broader than any one tradition, that knits together individuals into couples, and couples into kinship groups. It is how we learn to care for each other, and the most reliable frame, despite the modern challenges, of life long commitment between one-time strangers.

Civil marriage is more broadly shaped than Jewish traditions that would not permit intermarriage, or the marriage of a cohen (priestly descendant of Aaron in the Bible) and a divorcee. And it is more broadly shaped than Catholic traditions that would not permit remarriage. Now that there are churches and synagogues that perform and hold sacred same-sex vows, the state cannot choose to reject these marriages any more than it can reject marriages that I, as an Orthodox rabbi, would not perform because one partner is a Jew and another a Christian.

The law that already protects priests and rabbis from having to perform civil or religious marriages they do not deem appropriate would work here as well. The state chooses a broad frame of love and commitment because its aims are pragmatic and not rooted in any single sacred canon. The right of every religious community to live by its own canons is already protected by the constitution, and the law before you now has those exclusions already articulated.

It is time for New York State to do what is right on this matter. The unfair distribution of these legal goods is already a violation of principles that we hold dear.

Senator Saland, you are a direct descendant of Rabbi Shmuel Salant who was known for his good sense and, for the times, his liberal sense of goodness and fairness. Unlike others, he honored all the Jews in Jerusalem, not only the powerful. He intentionally built his leadership on an inclusive vision of the community. I do hope that you make a similar choice, one that opens the way for my family and families like it to share in the goods of liberty and justice for all.

Rabbi Steven Greenberg

Director of CLAL Diversity Project and and Director of Orthodox Programs at Nehirim: GLBT Jewish Culture & Spirituality
sgreenberg@clal.org and info@nehirim.org

 
 
 
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07:24 PM on 06/23/2011
sacred same-sex vows who made them sacred.
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Angel1999
Microbiologist & Historian
09:17 PM on 06/24/2011
Depends on the faith of the married couple, doesn't it? If they got married in a temple to Zeus, I would presume Zeus made it sacred.
09:39 AM on 06/23/2011
Orthodox Jews do not accept this man is not an Orthodox Rabbi. His own Yeshiva University derides his identification as a gay Orthodox Rabbi as "the exact same as if he said, 'I'm an Orthodox Rabbi and I eat ham sandwiches on Yom Kippur.'" The Torah is very clear on the issue. Sexual congress between males is to'eivah. Greenberg is essentially a reform rabbi.
hfpf
Wake up World.
01:57 PM on 06/23/2011
Wrong, the Torah is very specific on exactly what kind of "congress" is prohibited. Unless you are actually in bed with Rabbi Greenberg, you have no clue whatsoever, what their sexual habits are.
hfpf
Wake up World.
02:20 PM on 06/23/2011
Well, YU gave him semicha, so I guess it's too late to change their minds.
09:04 AM on 06/23/2011
As a Catholic priest I had similar thoughts just yesterday. I am already free NOT to preside at the wedding of a divorced man and woman, free NOT to marry people who have impediments according to the Code of Canon Law, even if those impediments are not recognized as such by civil law, and so on. Religious exemption of this kind is already in place. Some people may be sincerely confused about this issue, but no one in the real world -- LGBT, sttaight, bi-curious or whatever -- expects the archbishop to preside at a same-sex wedding any more than they expect him to preside at a bris.
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LintLass
"When you can balance a tackhammer on your head...
12:57 PM on 06/24/2011
Yeah, very much so. As long as I'm not running a for-profit wedding grove open to the general public, I can refuse to perform a handfasting for *any* reason, including 'I don't feel like it.'

Much of the use of the false notion of churches being forced to celebrate same sex marriages if we have our civil rights, or if churches and religions that *do* celebrate such marriages have *our* religious freedoms respected... is all to preserve the illusion that conservative forms of Christianity deserve special powers in our ostensibly-free nation.

In other words, conservative Christian political ambitions masquerading as the 'oppessed majority' if they aren't allowed to deprive others of our rights in civil society.

Thanks, btw, Michael. I don't understand why this concept is so hard to get across to so many, but it helps if Christian clergy repeat it loud and often.
07:44 AM on 06/23/2011
For a definitive ruling by leading American poskim (Orthodox Torah authorities) regarding the issue of marriages between two men or two women, please see http://www.zehjournal.com/images/PSAK.12.24.09.PDF .For further discussion of the accurate Torah perspective on marriage, illicit relationships and our dialogue with the secular government, please feel free to visit us at http://www.zehjournal.com/guardiansreport.html .Dovid Z. Schwartz, Director, Community Guardians Group, in New York, cgg@zehjournal.com, (917) 680-6632.
hfpf
Wake up World.
02:01 PM on 06/23/2011
CommunityGuardians??? OY!
02:17 PM on 06/23/2011
This link is a political opinion, not a rabbinical ruling. Anyway, your "Community for Protection of Our Communities" is just that -- and not everyone is from your community.
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pkafin
05:03 PM on 06/23/2011
The authors point was not that Rabbis should perform marriages. Rather it was that the state should not base it's restrictions on who should get married upon religious prohibitions. As a way of providing a very valid example, he has pointed out that he, as an Orthodox Rabbi, would not (and would not have to) perform a marriage between a Jew and a non-Jew. However, were a judge to do so, he (and you and I) expect the state to recognize that marriage.
02:27 AM on 06/23/2011
On the "how can there be a gay Orthodox Rabbi" question...Modern Judaism is not monolithic, not even within the main streams of Jewish faith and thought; there are varying flavours of Orthodoxy. I myself am Reconstructionist. I'm convinced that there should be, and is, room for gays and lesbians to be who they are, openly and with dignity, in Judaism and Jewish culture. Torah says a LOT of stuff that nobody does, or wants to do, anymore...stoning rebellious teens, selling daughters into slavery, and so forth. We've evolved since those times. On occasion, I attend Orthodox synagogues (which most are, here in Israel). I'll gladly attend one where the Rabbi is gay...that really doesn't matter to me.
12:26 AM on 06/23/2011
Mr. Steven Greenberg appeared here as an “Orthodox Rabbi, while at the same time declaring himself a practicing homosexual. The Torah, the foundation of Orthodox Jewish belief, explicitly prohibits relationships between two men or two women. A man who openly flouts the will of Torah cannot call himself Orthodox.

The Jewish people are called to speak as the conscience of mankind. Our authority to speak on the will of G-d is based exclusively on fidelity to the Torah that was given to Moses on Mount Sinai. In the Torah was included the Seven Laws of Noah, the guide for all nations. All human beings are commanded to be fruitful and multiply, and forbidden from engaging in relations between two men or two women.

Human beings are entrusted with the power to rule over their passions. People who feel these impulses are worthy of our compassion. But our mercy should not trigger us to issue a license to allow them to engage in self-destructive behavior with the State’s blessing.
01:53 AM on 06/23/2011
I am an atheist and an American taxpayer. I am not required to follow your dogma. A marriage license is a legal contract. God is not required any more than god is required for a business license. You can refuse me in your church but not in legal and business contracts in a free and equal society (America).
02:31 AM on 06/23/2011
Torah says a lot of things...many of which most of us Jews don't do anymore and wouldn't dream of doing again...like stoning surly teens to death, say, or stoning our neighbours for working on Shabbat, or stoning/burning "witches," and so forth. The Orthodoxy of our times was shaped during the exile. Talmud was an attempt to keep Torah current and relevant for centuries...then became a straitjacket as it was codified and closed. There is MUCH to treasure in the Orthodox tradition, but it's time to get past the whole anti-gay thing; we know much more about the world now than our ancestors could have dreamed.
09:31 PM on 06/23/2011
Anti gay "marriage" does not equat toe "anti-gay"
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WheelsOnFire
Equality Crusader
11:47 PM on 06/22/2011
Dear Rabbi Greenberg,

Your letter to Senator Steve Saland is absolutely brilliant. It is thoughtful and well-reasoned, and your excellent points are presented in a manner that is both beautiful and compelling.

Thank you for putting together such a powerful and persuasive letter.
10:50 PM on 06/22/2011
I live in Steve Saland's district. I've met him on several occasions, and he's a decent enough guy as politicians go. He's also relatively moderate, as Republicans go. I sent his office an email earlier this week imploring him to vote YES for marriage equality in New York. As far as I'm concerned, this issue is quite simple, and nicely framed by our Declaration of Independence: Either you believe that we are ALL created equal, or you don't. I do. And I hope Senator Saland comes to this self-evident conclusion as well.
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Carl Caroli
I just don't understand people
09:16 PM on 06/22/2011
Each religion can do as they will as far as I'm concerned, but the state should clearly permit it.
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graceaustin
09:15 PM on 06/22/2011
If I could live my childhood over and have a choice of parents, I'd take a loving gay couple in a heartbeat.
07:05 PM on 06/22/2011
Sexual intercourse between two men is forbidden by the Torah, as stated above, and is a capital offense. The Torah prohibition of Lo tikrevu legalot ervah ("You shall not come close to another person for the purpose of committing a sexual crime") forbids all other sexual acts which can lead to intercourse, and prescribes the punishment of lashes. (Book of Leviticus 18.22}
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exxman
Visualize Whirled Peas.
07:28 PM on 06/22/2011
The marriage the Rabbi is speaking of is civil marriage not religious marriage. This not being a theocracy, neither the Torah nor the bible have a place at the table.
07:55 PM on 06/22/2011
How can he be orthodox when he's not observing a basic tenant of the religion?
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obtusegoose
aka David in the O.C.
02:09 PM on 06/23/2011
You can't seriously be quoting from Leviticus? There isn't a single passage in that book that our society follows. I'm going to take a leap of faith and assume that you wouldn't stone your children to death if they smart-mouthed you. I'm also pretty sure that when someone wears clothing of mixed fibers you don't call them an abomination; and if I were you, I'd avoid Red Lobster. There's a whole lot of sinning going on there.
06:57 PM on 06/22/2011
"our 7-month-old daughter, Amalia."

Why doesn't the child have a mother caring for her as well?
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arkymorgan
Nobody knows the trouble I've been...
07:18 PM on 06/22/2011
Why does that bother you? Do you feel that men are not capable of raising daughters? Is that not somewhat of an unexamined bias against men?

My mother died when I was still quite young, and my father did not remarry. He raised me alone, and he did a terrific job.
07:32 PM on 06/22/2011
I'm sorry for your loss.

Now, are you going to look me straight in the computer and tell me that you were just as well off without your mother?
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exxman
Visualize Whirled Peas.
07:26 PM on 06/22/2011
Because she is fortunate enough to have two loving fathers.
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arkymorgan
Nobody knows the trouble I've been...
09:10 PM on 06/22/2011
Agreed.

My dad gave me everything, from healthy self-respect, to the drive to achieve something in life, to compassion for others. He taught me how to change my own oil in my car, how to answer difficult exam questions, how to make kick-a$$ omelets, and how to behave on dates.

There is nothing a man, or two men, or any combination we can imagine, who love their child, will not do to give her the right tools for a happy and productive life.
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virescentgirl
#BeBrave #BeYou
06:54 PM on 06/22/2011
Thank you! I could not agree more. I hope New York gets the votes they need to find equality for all her citizens. Unlike here in Virginia, where you can be fined, arrested and jailed for performing the rites of marriage for anyone not sanctioned to be married (i.e. gay couples). I have always felt it a violation of my religious rights as well as my civil rights. But I am one person, and only one voice.

Anyway, I digress, thank you for your words. They are encouraging. :)
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stephen feldman
04:21 PM on 06/22/2011
Rabbi Greenberg I hope knows halachic(rabbinical) law better than civil secular law. The legislatures don't have to sanction any marriages. At one time, there were no 'civil' marriages for anyone. The state could eliminate marriage as a term from any civil ceremony. Marriage would revert back to where it began, as a religious ceremony and rite. Reform rabbi or Unitarian pastor wants to marry two lesbians, fine. But not a judge or the President. And the happy hetero couple don't get married by the guy's captain on his Navy ship either. Custody, adoption and estate matters can be well handled by civil law without a "marriage" ceremony by public officials.
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jaxstl
I may disagree with you but I will defend your rig
10:23 PM on 06/22/2011
Ok but all marriages in the churches are automatically sanctioned as state marriages if they are not a same sex partner. Furthermore why should my husband and I have to jump through extra legal hoops and expenses to make sure we can share in all the things that are automatic in marriage, like survivor ship rights and end of life choices. I cannot tell you how many times I have see the family a deceased gay person swoop in and kick someone out of their home, take all that a loving couple has worked together to make and destroy because family always trumps most legal documents anyway, except marriage!
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12:49 AM on 06/23/2011
Exactly!
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MrsGreebers
04:24 AM on 06/23/2011
To be fair a church marriage is not legally binding unless the official files the marriage license with the state.
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gutenmorgen
a.k.a. crowsnest
03:49 PM on 06/22/2011
This is a fine analysis of the issue. I have one difference of opinion. I am not empowered by my State to sign the marriage document of a couple but I believe that you Rabbi Greenberg are so empowered. If you therefore refuse to sign the marriage document of a couple which you think you cannot marry you should completely give up your power of signing all marriage documents because when you sign as a witness you are not a Rabbi but a secular lawman. As such you may not discriminate ever.
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arkymorgan
Nobody knows the trouble I've been...
09:20 PM on 06/22/2011
I think possibly you are being unnecessarily narrow here, and not allowing for the balancing of rights and freedoms.

I think the practical aspect is that both the religious officiant and the church/synagogue/whatever could refuse to have both the religious and the civil part enacted on their property, at which point it all becomes moot, and the prospective couple would seek a more secular forum.

That forum should be available to them, as should whatever tax benefits and legal protections given to other married folk.

The discrimination comes when you do not allow any way around what has become arbitrary roadblocks to deny a specific group those rights and privileges available to others.
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Angel1999
Microbiologist & Historian
09:06 PM on 06/24/2011
Has the situation you've described ever happened anywhere in the US in real life?