National Council of Jewish Women of Australia: Statement on Same Sex Marriage

Statement on Same Sex Marriage

National Council of Jewish Women of Australia supports same sex marriage as part of its stand against discrimination. Based on the human right to equality, we believe that civil marriage under the Marriage Act should be available to all people, regardless of their gender, sexual orientation, ethnicity, religious affiliations and beliefs. We agree with the Executive Council of Australian Jewry that amending the definition of marriage in Australian civil law will not affect religious freedoms for those who believe in the traditional definition of marriage.

We encourage our members and community to take part in the plebiscite and promote equality and reduce discrimination. It is our hope that Australia will join the growing list of over 20 countries around the world where same sex marriage is legally recognized, including Canada, Denmark, Finland, France, New Zealand, the United Kingdom and the United States, in order to create a modern, fair and just society.

Victoria Nadel & Sylvia Deutsch OAM
Acting National Co-Presidents

Miriam Bass, President & Board
NCJWA (Vic) Inc

NCJWA Statement on Same Sex Marriage - 15 Sep 2017

Lyle Shelton exposed for falsely blaming marriage equality for the failings of a London Jewish school

Australian Christian Lobby Managing Director Lyle Shelton is using a story about a Jewish private school in London to exemplify a so-called “consequence” of allowing same-sex couples the right to get married.

On Sky News[1] (Sep 3 2017; 8:27) Lyle Shelton said:

The school in London, the Jewish school which doesn’t want to teach their children these radical concepts, lost those rights. They failed three Ofsted tests. That’s the authority that regulates schools there.

On ABC Radio National Drive[2] (Sep 7 2017; 2:09) Lyle Shelton said:

In the UK the Jewish school was fine to teach their children what they believe the Jewish religion teaches about marriage. After same-sex marriage change, that school has failed 3 Ofsted tests – this is the government regulating authority – because it won’t teach this sort of material.

This story was reported on June 26 2017 by the Independent[3]:

A private faith school in London has failed its third Ofsted inspection for refusing to teach its pupils about homosexuality.

Inspectors visiting Vishnitz Girls School in north London last month said the Orthodox school does not give pupils “a full understanding of fundamental British values”, The Telegraph reported.

Pupils were not taught about LGBT issues such as “sexual orientation”, which are in breach of equality laws.

The story continued:

Ofsted makes clear that schools are not expected to “promote” ideas about sexual orientation or gender reassignment, but they are expected to “encourage pupils’ respect for other people, paying particular regard to the protected characteristics set out in the 2010 Equalities Act”.

Shelton incorrectly asserts that the school was not able to teach their version of sexuality and marriage after same-sex marriages became legal in March 2014.[4]  Provisions in the Equality Act 2010[5], under which sexual orientation became a protected characteristic, and which predates the Marriage (Same Sex Couples) Act 2013, in fact explicitly states that the school has this right.

The school can’t get away with ignoring the law of the land, as if it doesn’t exist.  They failed to meet the standards because they refused to teach about sexuality.  A review of the audit reports, available on the Ofsted website[6], shows that the issue of teaching sexuality is only one of numerous standards that the school failed to meet.

In fact, the school had also failed to put in place the correct procedures for the safety of children.  That is, there was no system in place for reporting neglect or abuse of the students.  This is something that should be of great concern to all, and certainly an urgent need to be addressed as religious schools struggle with child sexual abuse.  Shelton makes no mention of these failures, nor does he mention any of the other many failures of the report.

With this in mind it is difficult to understand how the circumstances of this Jewish school in London are a direct or indirect consequence of changes to marriage laws.

These reports highlight the issues that the school was facing.  More important than the fact that they aren’t covering their responsibilities regarding equality and gender education is that the school has failed to meet the criteria for providing a safe environment for the children.  They fail to have policies in place that require the school to report incidents of abuse and neglect.

The safety of the children we would hope is paramount in any school, for it to fail in the basic understanding that they need protection should surely be the rally call, not whether or not they’re taught about sexuality.

The Equality Act was put into place in 2010 and schools in the UK received advice regarding the implications of the Act in the document called “Equality Act 2010: advice for schools”.[7]  That advice was published in 2013, and more importantly the advice notes:

As far as schools are concerned, for the most part, the effect of the current law is the same as it has been in the past – meaning that schools cannot unlawfully discriminate against pupils because of their sex, race, disability, religion or belief or sexual orientation.

This is important. It is clear that the laws already made it illegal for schools to discriminate on the basis of sexuality.  To connect the Equality Act of 2010 with Marriage Equality coming about in 2014 is mischievous at best and disingenuous to say the least.

The advice goes on to make this very generous concession to religious schools in regard to their view on human sexuality:

Schools with a religious character, like all schools, have a responsibility for the welfare of the children in their care and to adhere to curriculum guidance.  It is not the intention of the Equality Act to undermine their position as long as they continue to uphold their responsibilities in these areas.  If their beliefs are explained in an appropriate way in an educational context that takes into account existing guidance on the delivery of Sex and Relationships Education (SRE) and Religious Education (RE), then schools should not be acting unlawfully.

It goes on to state:

However, if a school conveyed its belief in a way that involved haranguing, harassing or berating a particular pupil or group of pupils then this would be unacceptable in any circumstances and is likely to constitute unlawful discrimination.

In other words, the school is required to teach the full range of human sexuality, but on top of this it can also teach what its beliefs are regarding the moral position of its faith.

In summary, Lyle Shelton has deliberately twisted and distorted the facts in an attempt to mislead people to believe this Jewish school failed its three Ofsted tests as a direct consequence of allowing same-sex marriage.  His tactic of misusing news stories to substantiate his own homophobic agenda demonstrates the lengths the Australian Christian Lobby will go to to make the grotesque claim that allowing same-sex couples to get married will lead to the destruction of society.

Sources

[1] https://www.youtube.com/watch?v=WWK31X2gLSA&t=8m27s
[2] http://www.abc.net.au/radionational/programs/drive/same-sex-marriage-panel/8883574
[3] http://www.independent.co.uk/news/education/education-news/private-jewish-school-lgbt-issues-fail-ofsted-inspection-vishnitz-girls-london-orthodox-sex-british-a7809221.html
[4] http://www.bbc.com/news/uk-26793127
[5] http://lgbt.foundation/Your-rights/the-equality-act-2010[6] https://reports.ofsted.gov.uk/inspection-reports/find-inspection-report/provider/ELS/138516
[7] https://www.gov.uk/government/publications/equality-act-2010-advice-for-schools

The hypocrisy within the Jewish community of calling for a “respectful” debate (or silence) on Marriage Equality

On Monday September 4 2017 the Rabbinical Council of Victoria (RCV) issued a statement advising citizens to vote No in the upcoming federal government postal survey on marriage equality.  A backlash to this statement ensued, with no less than Rabbi Daniel Rabin, President of the council that issued the statement, and the Executive Council of Australian Jewry distancing themselves from the aforementioned statement.

On Wednesday the Jewish Community Council of Victoria (JCCV) issued a statement calling for “a respectful debate in the lead up to the same sex marriage survey”.

Also on Wednesday Rabbi Yaakov Glasman, Senior Rabbi of the St Kilda Hebrew Congregation and President of the Rabbinical Council of Australia and New Zealand, issued a statement explaining his rationale for participating in a position of silence on the postal survey.

On Thursday Rabbi Daniel Mirvis, Senior Rabbi of the Mizrachi Centre, issued a statement saying of the upcoming postal survey: “I plan on remaining silent on the matter”.

On Friday Rabbi James Kennard, Principal of Mount Scopus Memorial College issued a statement urging “all who choose not to remain silent to ensure that all comments, on all sides, are made with respect, sensitivity and understanding”.

By calling for a “respectful debate” the underlying message being sent is that debate must be respectful over whether the Marriage Act should continue to exclude same-sex and other non-heterosexual couples.  Ultimately this amounts to insisting on a polite conversation on the merit of legalised discrimination.

Engaging in silence on a matter of discrimination amounts to tacit endorsement of the status quo.

But what if the topic of conversation were not Marriage Equality, but instead the banning of non-medical circumcision, the banning of religious slaughter of animals, government support for BDS, or the removal of religious and racial protections?

Would it still be acceptable to have a debate, or maintain silence, on any of these topics, respecting the underlying premise of each issue?

Would Jewish community leaders stand around and silently tolerate the wider community respectfully debating the merits of these topics, with a laissez-faire approach to the conversations?

Probably not.

Yet it’s acceptable for some senior Jewish Community leaders to insist on tolerating a “respectful debate” or maintaining a silence over whether the government can continue to enshrine discrimination in the law against a marginalised and highly vulnerable minority group for no good reason.

And this isn’t double standards?  Where is the respect in that?

JCCV Calls for Respect and Decency in Same Sex Marriage Debate

JCCV Calls for Respect and Decency in Same Sex Marriage Debate
06 September 2017

The Jewish Community Council of Victoria (JCCV) calls for a respectful debate in the lead up to the same sex marriage survey.

JCCV President Jennifer Huppert stated, “We call for respectful behaviour from everyone, regardless of their views and beliefs on same sex marriage, and remind community organisations, community leaders and members of our community of the JCCV policy on respect when engaging in the debate.”

The JCCV policy on respect:

3.7.1 ACKNOWLEDGES the distinctive character of the Victorian Jewish community as part of the Jewish people worldwide, with a shared history, culture and religious tradition.

3.7.2 RECOGNISES that irrespective of the common traits that bind us as a community, Victorian Jewry is also diverse and pluralistic and that this is reflected in different, often strongly held views, on a range of issues affecting the Jewish and larger communities.

3.7.3 CALLS FOR respect for any such differences, while affirming that disagreement is only permissible in ways that do not vilify other persons or their views.

3.7.4 CALLS FOR abstention from any public or private conduct that incites hatred against, serious contempt for, revulsion, vilification or severe ridicule of, another person or group on the ground of their identity (including race, religion, colour, disability, sexual orientation, gender and national origin) or views of that other person or group.

Ms Huppert stated, “It is not acceptable to denigrate, insult or intimidate people, simply because they don’t share your views. Vulnerable people, especially young LGBTI people, must feel included in the community, supported and embraced.”

If you feel in the need of support, please contact:

Switchboard Victoria (LGBTI): 1800 184 527
Beyond Blue: 1300 22 4636
Jewish Care: 03 8517 5999

Rabbi James Kennard calls for respect when commenting on same-sex marriage survey

I will not be making any comment on the Same-Sex Marriage survey, or on the various public statements that have come from members of the community, since it is not my role, as a Rabbi, or a Principal or even a humble citizen to tell any other person how to vote.

I would urge all who choose not to remain silent to ensure that all comments, on all sides, are made with respect, sensitivity and understanding.

Rabbi Daniel Mirvis issues “statement” on marriage equality postal survey

7 Sep 2017 Mizrachi Centre non-statement on marriage equality

ט”ז אלול תשע”ז
7 September 2017

Dear Members,

Many of you will have seen statements by different Rabbis and Rabbinical bodies in the last couple of days about the upcoming postal survey.

I have not yet made any public statements and I plan on remaining silent on the matter.  This is because I do not see it as my role to tell you or anyone else how to vote.  Those who wish to seek my personal guidance are welcome to do so, as with any other matter.

The issues being discussed are very real and very personal for a number of members of our community.  I encourage everybody to be careful with their words and actions so that we as a community remain respectful and welcoming to all.

Shabbat Shalom

Rabbi Daniel Mirvis
Senion Rabbi

Beit Aharon Synagogue statement supporting marriage equality

 

Please share the following statement:

The leadership team at Beit Aharon, together with Rabbi Shamir Caplan, want to make clear our views in light of the upcoming survey:
1. As a community we oppose all discrimination
2. Changing the law to have marriage equality will have no effect on how Judaism is practiced in our community or the broader Jewish community
3. Therefore a yes vote in the upcoming survey about Marriage Equality is the most consistent vote with our Shule values

Shira Hadasha expresses disappointment with the Rabbinical Council of Victoria’s statement against marriage equality

Shira Hadasha is disappointed to read the statement of the Rabbinical Council of Victoria encouraging Australians to vote no in the proposed postal vote on same sex marriage. The issue is of civil law reform which will not compel any religious leaders or institutions to conduct marriages outside the parameters of their established practice. Accordingly the statement is not necessary and serves no purpose other than to further hurt and marginalise LGBTIQ Jews and their families.

The suggestion that same sex marriage being legalised in other countries had “concerning impacts on the education system and religious freedom” goes well beyond the scope of the proposed change to the law and we question its factual basis.

As an inclusive orthodox congregation, Shira actively seeks ways to welcome all Jews into Jewish life and community, and to honour the core Jewish value of kevod habriyut, respect for the dignity of all people.

 

Rabbi Shamir Caplan issues compelling statement supporting Orthodox Jews who wish to vote Yes on marriage equality

 

CIVIL SAME-SEX MARRIAGE

For several years, this is the response I have given to people who have asked about whether it is acceptable for Orthodox Jews to support civil recognition of Marriage Equality.

Those who know me are aware of my strong stance on the importance of acceptance, inclusivity, and dignity for all people. Here, let me address the issue from a more legal-philosophical perspective, which I think has a broader appeal in the Orthodox community.

Let me begin by asking a different question. If we lived in a society in which Freedom of Religion was not enshrined in law, would it be permissible for Orthodox Jews to vote YES if asked about creating such a law? I think most people would say it is in fact permissible to support the enshrining of Freedom of Religion in law, even though practically, it legally allows people to do all sorts of things (such as worship idols) that would seem to be explicitly against the Torah. So how could we support this?

The answer is, in an open democratic society, the best way to preserve my Freedom of Religion, is to preserve EVERYONE’s Freedom of Religion. Even if it means, in the process of doing so, I am essentially defending the legal rights of people who will choose to use those rights in a way that I my find problematic. But that’s the way law works. It is meant to be consistent and impartial. So in the process of preserving my rights, I am also preserving the rights of others.

In fact, I would further posit that most would consider it permissible for Orthodox Jews to actively and publicly campaign for the instituting of Freedom of Religion in their place of residence, using the same rationale.

In my mind, the maximal expanding of rights for all, as a means of preserving one’s own rights, applies to marriage, as well. Let me give an example that is germane to Orthodox Jews. According to Jewish law, it is acceptable to marry one’s first cousin. Not that I specifically recommend this, but it is in fact one’s right according to our tradition, and it was not an uncommon reality in times past. Now, what would happen if our government were to decide one day that this should be defined as incest? (By the way, according to the Marriage Act in its current form in Australia, you are able to marry relatives. See here) Would we not protest that this was curtailing our rights to decide who we want to marry, as observant Jews? Would it not be better for the secular government to get out of the business of deciding who can and cannot marry (save for the protection of minors, etc)?

In this way, we can argue that the best way to protect our rights to marry whom we choose is to protect everyone’s rights to marry whom they choose…

It is for these reasons that I believe it is permissible for Orthodox Jews, regardless of their feelings about the permissibility of homosexuality, to vote YES in the upcoming survey regarding Marriage Equality.

Rabbi Yaakov Glasman responds to the Rabbinical Council of Victoria’s statement against marriage equality

Message to my St Kilda Shule community (and others):

Two days ago the Rabbinical Council of Victoria (RCV) issued a statement encouraging people to vote “no” in the upcoming postal survey on same-sex marriage. The statement caused significant distress and hurt in the community. Its President has since issued a sincere public apology for which I commend him and its Vice President has resigned in protest. Given my position as a past President of the organisation several members of the St Kilda Shule congregation and others in the community have inquired as to my involvement in the said statement.

I had no knowledge of, or involvement in, the drafting or approval of this statement. I believe the statement was ill-conceived and served no purpose in advancing the cause of Orthodox Judaism. Instead, it alienated many members of our community and caused damage which was entirely preventable. Members of my Shule and others have a right to know where I, as their rabbi, stand on this matter and I trust the above will allay their concerns. I note that at the time of writing this we are only hours away from the High Court’s ruling on the legaility of otherwise of the postal vote, but irrespective of its decision I believe the above information remains relevant.

Having regard to the above I have also been asked about the position of the federal Rabbinic body (RCANZ) over which I currently preside. Our position on traditional marriage and the exemptions we expect for religious institutions should the Marriage Act be amended was submitted to the Government in January as part of the Senate’s Exposure Draft into the Marriage Amendment Bill. It followed full consultation of all our member rabbis across Australasia and is publicly available online.

When the Government announced in August its plans for a postal vote my Executive Committee made a conscious decision that it would be unwise to issue any statement, let alone one telling the community how to vote. Our reason for remaining silent was simple – we viewed weighing into the debate in the current climate as counter-productive and I believe the events over the past two days have justified our decision.

Notwithstanding this, I have been criticized by some in the community for my silence. They have perceived this as a sign of weakness and a cowering to political correctness. I wish to state in the clearest possible terms that I catergorically reject this criticism. In the wise words of King Solomon “there is a time to speak and a time to be silent” and now is a time for the latter.

The fact is that we as rabbis choose silence over statements on a regular basis – and for good reason. There is any number of non-halachic behaviors occuring on a daily basis within the Jewish community. We witness rampant desecration of Shabbat, widespread consumption of non-kosher, soaring intermarriage rates and we can only wonder how many heterosexual couples use the Mikvah regularly before cohabitation (and as some have pointed out the current debate on same-sex marriage relates to civil law, not Halacha). Yet we don’t see Rabbinic statements, proclamations or sermons telling people how to live their lives – and the reason has nil to do with weakness or political correctness. It’s because we know instinctively that doing so will alienate the very people we’re trying to bring closer to Orthodoxy. Instead, we as rabbis focus on the positive and so it should be. I do not regret my approach to date and quite frankly I hope others will follow suit.

Wearing my St Kilda Shule hat I can only reiterate that which I’ve stated multiple times from the pulpit, in the newspapers, on the radio, on social media and in conversation, that our Shule has an open door policy for all Jews irrespective of their sexuality. I will never judge anyone for the way they live their lives and I hope others won’t judge me for the way I live mine.

https://www.facebook.com/yaakovsara.glasman/posts/1388868384550567