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Rick Jacobs

Rick Jacobs

Posted: October 20, 2008 10:48 PM

Do Mormons Deserve Equal Protection Under the Law?


Twenty years ago this autumn, I sat in the last Orthodox synagogue on Venice Beach here in LA, enrapt by Rabbi Daniel Lapin's sermon on the Torah portion for the week. It was Exodus 21, describing the obligatory freeing of slaves in Jubilee year:

"But if the servant declares, 'I love my master and my wife and children and do not want to go free,' then his master must take him before the judges. He shall take him to the door or the doorpost and pierce his ear with an awl. Then he will be his servant for life."

And then, without missing a beat, the charismatic South African rabbi of noble Jewish lineage, looked up and said, "And if you think that's bad, you should see what we do to homosexuals."

As a homosexual trying with every fiber of my soul to be what I was "supposed to be," according to Jewish and, what I thought at the time, American tradition, these last words landed like a boxer's jab in my gut. I desperately wanted to marry, have kids and live a "normal" life. That's principally why I had joined this congregation that consisted largely of "ba'al teshuva" or "returned" Jews, people like me who were born Jewish, but had lost the tradition and in large, the religion. The attractions to this Orthodox lifestyle were many, chief among them belonging to a community that ate, worshipped, celebrated, mourned and most importantly learned together. Founded by Rabbi Lapin and Michael Medved, at the time a film critic, the congregation prided itself on intellectual rigor, on gaining knowledge, not just clinging to empty tradition.

The learning from and of old texts engrossed me, like drinking cool, sweet water on the most parched day. Orthodox Judaism at essence promotes perpetual self-improvement. We learned from teachers, from visiting rabbis, from each other. We took on new levels of observance as we progressed. In time, I observed many of the laws of the Sabbath and of the diet.

The rhythms of the week and the year impressed and truly inspired. And the ideal of living as a heterosexual married to a nice Jewish girl became more real each week. I nearly married in 1990. The rabbi himself broke off the pending engagement because, "I did not see any sparks between you and _____." As he said that, a proverbial ton of weight lifted from me. I felt free again, not obliged to marry, but I also then realized that I could not be what Orthodox Judaism most demands--a heterosexual, married man. I found myself in the midst of a loving, caring community led by a rabbi who taught from texts that said homosexuality and homosexuals were not welcome in Judaism. I could not stay, not as a whole person.

Now I live happily with my same-sex partner in a 1920s house on a quiet Hollywood street that reminds me more of a neighborhood in Cleveland or Knoxville than it does LA. Accepting who I am has made me a better, more engaged American than the furtive, self-hating creature from which I finally escaped. I accept fully that that some people's religions tell them that I am not welcome. It's okay. That's their choice.

I am more than troubled, however, by the tumult Proposition 8 -- the proposed anti-gay marriage constitutional amendment here in California -- has wrought. Those speaking in the name of their God and prophets, led principally by out-of-state Mormons and joined by evangelical Christians, have made the removal of my rights a holy war for the new century. (Orthodox Jews so far seem to be staying out of the fray, certainly not leading the effort with money or public protests.)

We take for granted that this nation was founded to allow for equality and acceptance of religious observation and belief, provided the government stays out of religion and religion stays out of government. Jews gained from that "tolerance" as much as anyone. And by the way, so did Mormons, who were chased across the country by Christians who found their latter-day teachings heretical, cultish and worthy of death.

Why are Mormons, some fundamentalist Christians and apparently the Roman Catholic Church arrayed to attack my rights? How do I in any way undermine any of the beliefs or institutions of those religions? I feel laid bare that people I do not know can vote secretly to remove my rights. This is, unfortunately, reminiscent of Nazi Germany's Nuremberg Laws that led to Kristallnacht, that horrible event 70 years ago next month that resulted in the burning of over 200 synagogues and countless other Jewish-owned establishments. The Nazis stripped rights from Jews piecemeal until finally Jews lost the right to eat and then to live.

The dichotomy of today's political landscape leaves me breathless. On the one hand, we are on the verge of electing the first African American president in history as a part of a movement that begins to wash away nearly three decades and more of politics of hate and division. Democrats are poised for overwhelming majorities in both houses of the Congress and perhaps a landslide into the White House. Here in California, we are on the verge of picking up as many assix seats in our Assembly, under the leadership of the first African American woman to lead a legislature in American history.

But if Prop. 8 passes, what message do we send? We say that it's okay to hate, to take some people's rights from them in the service of the nation. It's okay to amend away equality for some because somehow those rights offend certain religions.

I am not sure that I want to get married, but if I do, it'll be for business reasons. I don't want to marry in a Mormon or Roman Catholic or fundamentalist Christian church. I don't want Rabbi Lapin to officiate, either. I do want the right to choose how to handle my estate, my healthcare and all of the other hundreds of rights that married couples take for granted.

In Judaism, marriage is defined by a contract called a ketubah, which is a business agreement between bride and groom. The bedrock of marriage is in fact economic, not spiritual. Were it not the basis of ownership and property for couples who enter into it, the state would stay out of the business of marriage and leave it all up to religious institutions. And that would be just fine with me.

Were marriages simply religious unions, they would end through churches or spiritual advisors, without state involvement. But marriages end as they begin, in business transactions called divorce, governed by a huge body of law and handled in special courts. And divorce happens a lot. In Jewish tradition, a divorce cannot happen unless the husband says so. The only way around that is to go to Jewish court. I don't think an amendment to our constitution that removes the right of women to divorce unless permitted by their husbands would be a very good idea.

If Prop. 8 passes in California, the fraying religious right that has successfully destroyed the Republican Party and much of America will learn a simple lesson: we can't win elections with ideas about a whole America, but we can win by marginalizing people. Proposition 8 is anti-American. When in history has this country grown stronger through division, through the premise that stripping away equal rights somehow strengthens religion or society?

Perhaps the Elders of the Mormon Church can explain how, on the one hand, they are protected by the state from persecution by Christians who think them apostate, but on the other hand, they are free to persecute me for having civil rights?

I want to celebrate a new political era on 5 November, one that ushers in a leader of a unity movement for all Americans, not just for some. That may well happen. How despicable, though, if a president-elect Obama has to contend with a resurgent religious right that feeds on hatred, vituperation and fear. The culture wars of the 1980's and 90's need to end with a flamed out Bush, not embers of hate in California.


 
 
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11:39 AM on 11/11/2008
I have been a Mormon woman my whole life. In the last couple of years I have not been active in my church bur I have never turned my back on my faith either. With that being said, I have never in my life been so ashamed of my religion. I am disgusted at what the church is doing in California.
02:51 PM on 11/02/2008
This was a wonderful article. Based on truth and facts. The world we live in is constantly changing. i embrace change. I promote gay right to marriage under the law. I want my Children to learn in high school about the many different people they will encounter in this world and to be aware of their right to have a relationship with anyone they choose. I think it is sad that people who realize they are gay at a very young age have to live silently in pain because of the views of intolerant people. I can not imagine them living in a home where homosexuality is condemned and viewed as evil and also being led to believe that the Bible is the truth by which God has said we must all live by. The fear and confusion they must experience has to be very damaging. religion should not dictate anyones life unless they choose it to do so. i am a heterosexual I teach my children to live by their own beliefs, and to be good and kind to all they encounter. hate and intolerance is something that is taught at a young age. My children are very spiritual and happy adults now. they do not feel threatened by the Gay community. Vote no on 8. I have heard all the religious views so do not waste your time with me and respond to this post.
11:12 AM on 10/31/2008
I think that we should have a law restricting bicyclists from cycling in pairs who wear white dress shirts and ties. I understand that they may be terrorists or even worse-SEX OFFENDERS!!!! Think of the children!!!!
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josephebacon
12:47 AM on 10/31/2008
I am Jewish and my girlfriend, the love of my life, is black. Both of us are scared by the tactics being used by the pro-8 people. We know that the real target of their hate is us. Denying gays and lesbians the right to marry is the first step of their plan to force their perverted 'Dominionist" garbage on the rest of us. We know their real target is to overturn the Loving v. Virginia case. They wont rest until they've banned interracial marriages too. We know if 8 passes, we are next. That is why both of us are working to stop 8. No government has the right to tell us who we can and cannot love.
01:44 PM on 10/23/2008
Thought provoking piece. This really is a question of religious freedom -- that is, freedom of and freedom FROM religion. Here's an in-depth piece on the Mormon influence in Prop 8, right from the heart of Mormon country. And it shows that even there, gay marriage may become a reality someday.

http://www.hcn.org/issues/40.19/prophets-and-politic
02:12 PM on 10/22/2008
See what I don't understand is why same sex want to redefine marriage?You have every civil right to choose and live your life as you want it. You have every benefit married couples have under California Family Code section 297.5. Living in a gay society, I find gays want normalcy. I was all for same sex marriages until problems were brought to my attention of me losing my civil rights! No longer can I say it's an alternative lifestyle. I am wrong for just being tolerant of my friends lifestyles. I will have no right to disagree with the teachings being taught to my children under the name of diversity. There will be custody battles between mother and mother. Adoption agencies will close down for wanting a "normal" life for little children. Indoctrinating them to an already confusing and controversial subject. Don't think it will happen?? It is right now on the East Coast. Do ALL of the research. Your civil rights are NOT infringed upon. What your looking for is global acceptance as an normal lifestyle. Three fourths of the world will not agree.
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pumpkin
02:57 PM on 10/22/2008
OK, so obviously you feel YOUR civil rights are more important than THEIR civil rights.

These gay people want what you want. They want to marry the consenting adult of their choice.
06:26 PM on 10/22/2008
Please, I'm all for individual rights. Again why redefine the traditional and a millennium old term called marriage? I thought this was about jumping a hurdle, not removing it.
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CaptD
Freedom From Nuclear Fascism...
07:09 PM on 10/30/2008
Well posted...
02:42 AM on 10/23/2008
"What your looking for is global acceptance as an normal lifestyle. Three fourths of the world will not agree."

hey atchemp - that "three fourths of the world" you're hiding your bigotry with also view women as second class citizens, approve of child labor, stuff disabled people into closets and corners, and think democracy is stupid. so, i guess you'd be with the big majority on those issues, too.
01:07 PM on 10/22/2008
I've just started a new religion. The tenets of this religion are as follows:

-Marriage is defined as a union between two people of the same sex.

-The theory of Creationism is invalid and evolution is valid.


A new proposition should be created outlawing all marriages not between two people of the same sex.

This new proposition should also outlaw any religion who believs in Creationism because this theory could be taught to our children in public schools.

At the very least, proposition 8 is unconstitutional because it prevents me from practicing my religion.
10:49 AM on 10/22/2008
SoCalBill, Why? Why should it have to be called something else, when its called marriage for everyone else?
03:11 AM on 10/22/2008
Why does nobody seem to make the connection that this is about suppression of religious freedom by the state. As we all know there are churches that feel performing same sex marriages is perfectly acceptable within their particular belief structure. If this "prop 8" is passed these churches will be banned (by the state) from practicing their own faith as they themselves see fit. In practice this proposed ban on same sex marriages of course is state endorsement of one religious belief by act of suppressing another. This is a precedent I would not imagine many religious people regardless of their particular faith would/should feel comfortable with.

But what do I know? I"m just some straight, agnostic, Canadian kid
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KevinFitzz
Pleased to meet you, meat to please you!
11:17 AM on 10/22/2008
Whateversleft, you are either just plain old WRONG or you are lying... Churches WILL NOT BE BANNED FROM PRACTICING THEIR FAITH!!! Do I need to say it again? It's about EQUAL RIGHTS UNDER THE LAW!

But what do YOU know? I KNOW you are not some agnostic Canadian kid. You are a prop 8 insider trying to spread LIES, LIES and more LIES!
01:17 PM on 10/22/2008
KevinFitzz, you are right that this issue is about Equal Protection, but whateversleft actually agrees with you, just under different reasoning. S/he is not saying that churches will be forced to perform same-sex marriages, but that the religious organizations that CONDONE same-sex marriages will now be unable to perform them, thus curtailing the religious freedom of religious groups who support same-sex marriage.

It is basically taking the right-wing view and turning it on its head, and illustrating why we need the first amendment. This proposition is, essentially, an endorsement of a particular type of religion.

There's room in this proposition to offend more than one amendment!
02:36 PM on 10/22/2008
Sorry, but when a doctor can't decline to perform a procedure, like in-vitro fertilization for a lesbian couple, on religious grounds and when the state allows his patient to sue him for it, THAT's suppression of religion, plain and simple.
01:02 AM on 10/22/2008
IT'S ONLY A WORD. We have "civil unions" to ensure equal rights. Why do some insist on hijacking our vocabulary? (Gay used to mean jolly) Why must we call "same sex marriage" simply "marriage"?
I have not heard one right that is not guaranteed by "civil union".
I suggest we come up with a new word for same sex marriage and then we can forget all this foolishness.
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pumpkin
03:03 PM on 10/22/2008
Why would you deny same-sex couples the use of the word "marriage"? I mean, really, WHY?
05:03 PM on 10/24/2008
We do use the word "marriage" with same sex unions because it does not conform to the meaning of the word when the law was passed. Vocabulary changes over time. The meanings of words change. Does that mean that if the meaning changes the law must conform to the new meaning? For example The SF Forty Niners might now say "We are going to KILL the Oakland Raiders next week." Do we arrest the Forty Niners for threatening to kill the Raiders? Of course not. The meaning of the word kill changed but the law as originally written did not. Likewise with the word "Marriage" the meaning still conforms to the legal meaning as passed into law.
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JustMyWords
07:32 PM on 10/22/2008
I'd be fine not referring to the license issued to same-sex couples by the state as a "marriage license," as long as at the same time the license issued to opposite-sex couples becomes a "civil union license."

After all, if it's only a word, you don't need to call YOURS a marriage, right?
12:29 AM on 10/22/2008
I agree. This prop 8 will not old up in court. It's unconstitutional. Religions can interpret marriage as they wish but I disagree with the notion they can tell everyone else to interpret marriage the way they do. It has to do with equal rights under the law. What happened to tolerance? I have a niece that's gay and I would not want people to discriminate against her. She has ever right to marry anyone she wants to marry. Whoever is behind this effort is delaying the inevitable.
12:12 AM on 10/22/2008
I am sure that the Mormons, much like they did or Afro Americans back in the late seventies, will cave into the will of the majority. You see, before the late seventies, Afro American men and women were prohibited from holding offices of high importance because, "God forbade it." But after much pressure from the Feds God suddenly revealed to their prophet that it was okay for persons of color to hold the Priesthood which allowed them to progress in the church. The same could be say about their once stubborn stance on polygamy. They would still be practicing it if the Feds hadn't declared it illegal. I am sure that if enough pressure is placed upon the church's leaders that God will tell their leaders it's okay for same sex marriage. The Mormon Church's God changes his mind at the whim of the Federal government.
11:00 PM on 10/21/2008
Excellent article. You have to put this into perspective. While as a gay man I don't think I should be discriminated against because of my sexuality, I have to look at how far we have come just since the modern gay movement began at Stonewall in 1969. Growing up I never saw a gay role model on t.v. or anywhere for that matter. I had to run away to NYC, because that's the only place I knew gay people existed. We are making progress, just not as fast as soon would like. Baby steps and we will one day be free to marry whom we want. Look how long it took for african-americans to get to where they are now after Lincoln freed the slaves. Let's don't be greedy and want the whole pie at once. We will get there.
12:23 AM on 10/22/2008
There is no such thing as gay marriage. This is a myth. The original command given to man and woman by God was " Be fruitful and replenish the earth." This can only be fulfilled by a man and a woman. Anything else is no more a marriage than a man and a goat or a woman and a horse.
01:15 AM on 10/22/2008
Then we must annul every childless marriage.
08:06 AM on 10/22/2008
I had a command from god last night amending his original command. He said that, when man figured out that the earth wasn't flat, it was a sign that he-she could think and make their own decisions without relying on divine guidance. He told me to relay this information to you, and that it was time for man to "man up" and be guided by his-her own moral compass, regardless of what the priests say.
10:49 PM on 10/21/2008
It's funny that these religions are never content with their own affairs, but always seem to want to regulate and interfere with the rights and affairs of others who do not share their beliefs.

It doesn't seem to make much difference what the religion it is be it Muslim, Christian or Jewish. You will always find people in these groups that seem to want to enforce their idea of morality and what the think is "right" on others.
10:01 PM on 10/21/2008
I agree with the author in regards to his right to marriage. I've read several defenses of gay marriage, and this one was exceptionally eloquent.
However, what struck me most was this phrase: "the fraying religious right that has successfully destroyed the Republican Party." He's making two claims: a) that the religious right is coming apart and b) that it has destroyed the GOP. I pray to G_d that the first one is true.
As for the second, I have for quite some time viewed the religious right as damaging to the long-term interests of that party. It has lowered the standard of discourse, making what was once the party of Buckley into a collection of xenophobic, platitudinous, and often hateful one-dimensional thinkers. Sarah Palin is the omega point of this devolution.
I'm not a Republican, but I miss the sorts of political dialogues we could follow back in the sixties and seventies--before everything got so dumbed down. I hope the GOP can return to its earlier, and higher, standards, so that we can have an intellectually worthy opponent once more.
10:44 PM on 10/21/2008
Well said, Ruth -- so we can have "an intellectually worthy opponent once more". I too, miss those days when broadcast and campaign discourse was civil, and challenging. It didn't need to sell products. It was just intelligent use of our publicly-owned airwaves. And society benefited from it.