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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

Executive Council of Australian Jewry rebukes Rabbinical Council of Victoria’s anti-marriage equality statement

Statement by Anton Block, President of the Executive Council of Australian Jewry

“The President of the Executive Council of Australian Jewry, Anton Block, has rejected as “alarmist” suggestions that an amendment to the definition of marriage in Australian civil law will in some way open the door to a future infringement of the religious freedoms of those who believe in the traditional definition of marriage.  He was commenting on a controversial statement issued by the Rabbinical Council of Victoria (RCV) urging Australians to vote “No” to proposed reforms to Australia’s marriage laws that would recognise same sex marriages.

“The RCV statement was issued without proper thought or understanding of the way Australia’s Constitution and legal system work”, Mr Block said.  “There is no basis for believing that a change to the civil law definition of marriage would be a potential threat to the rights and freedoms of religious institutions and leaders to conduct religious marriages or to affirm religious teachings about marriage.  Religious marriages are outside the scope of the Marriage Act, which relates only to civil marriages.   It is alarmist to suggest otherwise, and wrong for the RCV to use its authority in religious matters in this way.”

Mr Block added: “All people are entitled to have their dignity respected, regardless of their ethnicity, religious affiliations and beliefs, sexual orientation, gender, or any disability.”

The President of the RCV and at least six other rabbis who are members of the RCV have since dissociated themselves from the RCV statement.

Rabbi Daniel Rabin’s personal apology for RCV statement on marriage equality

I would like to personally address the recent RCV statement on the upcoming postal vote and any hurt that it has caused in the community. The RCV should not have told people how to vote and refrained from making a divisive statement.

The statement has caused immense anger and pain and has alienated many who already feel isolated within the community. I deeply regret the hurt that has been caused and as President of the organization I sincerely apologise for this.

I feel that at this point any comment I make on inclusivity will sound disingenuous and I will take the overwhelming responses I have received as an opportunity to reconsider how future Halachik statements are disseminated in regards to sensitive community issues.