Rabbi Jerome M. Epstein

Rabbi Epstein, Executive Vice President of the United Synagogue of Conservative Judaism, has agreed to be our guest in the week following the controversial decision by the Conservative movement that will enable homosexuals to serve as rabbis and cantors and will allow rabbis to conduct commitment ceremonies of gay couples.

Rabbi Epstein came to the United Synagogue in 1976 after serving as the spiritual leader of congregations in Galveston, Texas, and Portsmouth, Virginia. Beginning as a regional director at United Synagogue, he soon became director of regional activities, and in 1986 he was named United Synagogue's senior vice president and its chief executive officer. Since 1989, he has been United Synagogue's executive vice president (full bio here).

As always, readers can send their questions to rosnersdomain@haaretz.co.il.

Dear Rabbi Epstein,

You noted that the tshuva allowing for gay rabbis and cantors and the marriage of same-sex couples is aimed at allowing homosexuals to feel more accepted within the Conservative movement. On the other hand, might not this legitimacy encourage greater numbers of people, especially young people, to adopt a homosexual lifestyle more easily? If so, how will this affect the face of our community?

Tami

Most studies have come to the conclusion that homosexality is not a choice of life-style. Most who are gay men or lesbians have had homosexual tendencies since early childhood - long before the intellectualization that you suggest would have a bearing. Thus, I have no fear that the tshuvah legitimating commitment ceremonies or ordination of rabbis and cantors will significantly impact on the number of individuals adopting a homosexual lifestyle.

Rabbi Jerome M. Epstein

Some readers have asked where they can find the Tshuva on homosexuality. The website of the Rabbinical Assembly has both the ruling of the law committee, and the two answers to which I refer in the article I wrote today about the subject. One is a Tshuva against any change, by Rabbi Roth. The other one is the revolutionary Tshuva by rabbis Dorff, Vevins and Reisner.

Dear Rabbi Epstein,

According to the third paper, the committee should only have approved
female gay rabbis. Surely you can't be claiming that someone will
call themselves gay if they merely kiss and hug each other, just like
no heterosexual calls themselves married if they merely kiss and hug.
Continuing with the logic of the third paper, would you say that a
male rabbi who has sexual relations with a married female congregant
using a condom or if no one sees, that they will be granted the
organizations support in the role of Rabbi and spiritual guide?

Naftaly Kleinman
New York, NY

The responsum stands on its own merit. Teshuvot are not written for those who will not follow halakha -- but for those who want to and will. Although I cannot answer for the authors of the responsum, I believe that their goal was to provide halakhic guidance for Jews who consider themselves bound to halakha -- as certainly any Conservative rabbi would..

We would certainly not condone any sexual behavior between ANY male and a woman who is not his mate. It makes no difference whether or not he is a rabbi. Similarly, we would not condone ANY sexual relationship between a woman and a married male who is not her mate.

Rabbi Jerome M. Epstein


Dear Rabbi Epstein,

I understand that several leading Conservative halachists have resigned from the committee that recommended the ordination of gay Conservative rabbis. What happened? Also, if sodomy is an issue d'oreita, how can Conservative halachists circumvent it? Have any 'household' name halachists -- Waldenberg, Abramsky, Weiss, Feinstein, Soloveitchik -- hinted there might be a way around Leviticus? Also, to what extent do you see the Conservative Rabbinate following social trends rather than following Halacha?

Joe

Indeed, four members of the Committee of Jewish Law and Standards did announce their resignations towards the end of the meeting. Although each may have personal and individual reactions, the common theme was their feeling that they could not identify with one particular response which they perceived as breaking with the traditional process of creating new Halacha.

Clearly, there was no response that permitted sodomy. If anyone believes that there is such an approved teshuva, there is a misunderstanding.

As I mentioned in an earlier answer, the members of the committee are all committed to making decisions based on Halacha. Although new realities must always be considered in developing Halacha, it is not the determinant. Rather, Halacha is an application of traditional texts in response to current realities.


Dear Rabbi Epstein,

Many people believe that the decision is not halakhily valid, but that
the rabbis knew that any other decision will not be accepted by many
members of the community. Can you please comment on that?

Thank you.

Moshe Rivkin
N.Y.


The members of the Committee of Jewish Law and Standards engaged in the process honestly and openly with the only goal being to understand the sources on this issue in light of modern concerns.

In actuality there were three papers approved. Two of them rejected any change in halakha. The one paper that accepted a limited change recommended that we view the biblical mitzvah as applying only to and prohibiting male penetrative anal sex with another male. Further, based on rabbinic understanding by sages such as Ramban (Nachmanides), the prohibition of homosexuality did not extend to females.

Had the members of the Committee wanted to respond with the goal of pleasing a the portion of the community seeking change, the Committee would have gone much further than it did and certainly would not have passed 2 responses that called for no change. Rather the Committee, with great integrity, came to their decisions based upon honest grappling with the meaning of the texts even when the conclusions were frustrating.

The sole goal of the Committee was to provide authentic options--based in halakha-- to the mara d'atra (legal decider) in order to serve as a resource for guiding his community.



Dear Rabbi Epstein,

The first question will be the one many people are debating in the
aftermath of last week's momentous decision. In your assessment, will this decision strengthen or weaken the Conservative movement? In other words, will this bring new members to the Conservative movement, keep the number of members at it is now, or push people away from the movement?

Best,

Shmuel Rosner

Although some observers of Jewish life have assumed that the recent decisions of the Law Committee were influenced by desires by some to stimulate growth in the Conservative Movement, nothing could be further from the truth. Rather the decision was made in response to the pain of gay and lesbian Jews--- based on interpretations of Jewish sources. Many lesbians and gays are seeking to play a more complete role in Jewish life with heightened commitment. They are inspired by halakha and are seeking a way to live within its framework. Some, within the Conservative movement have found a path to provide that means.

The Rabbinical Assembly's Committee on Jewish Law and Standards arrived at its response to the five papers presented to it after years of painstakingly sensitive study and scrutiny. In the end three papers were adopted. Two of the papers essentially preserve the traditional approach---the status quo. One paper, however, presents the congregational rabbi, as mara d'atra--legal decider for that congregation--with a resource to consider changes.

The challenge for each rabbi and congregation in now to carefully reflect on each paper and the reasoning of the authors. The complex arguments will require time to digest and will ultimately lead to a conclusion based on an understanding of the sources. How this is done will most likely be the greatest determinant of whether the Conservative synagogue and the Conservative movement will be stronger as a result of the decisions.

We can legislate behavior. But, we cannot legislate feelings. Congregants' feelings on the spectrum of the religious rights of gays and lesbians derive from their personal understanding and conviction of what God wants from humanity. We will need to help them explore those issues. But, most importantly we must be respectful of religiously based differences.

Let me be clear: the Conservative movement is not legislating change for any rabbi or congregation. Handled appropriately and with sensitivity, no one has to feel excluded or pushed away. Although a few individuals may, indeed, may choose after serious contemplation to leave their current congregation because of decisions--one way or the other on this matter--I am convinced that in most communities they will find a Conservative congregation that will reflect their religious view On the other hand, I hope that those who previously felt that Conservative Judaism did not speak to them because of this issue will now find a congregation and community within the Conservative movement in which they can feel comfort and in which their religious needs will be met.

The United Synagogue of Conservative Judaism--as the association of Conservative congregations in North America---is actively working to provide guidance, leadership and counsel to our constituent congregations on how to process the conversations that must take place on the local level n the weeks and months ahead so that each congregation will emerge stronger.

JME