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Last update - 22:34 12/05/2008
Narrow-mindedness and discrimination
By Tzvia Greenfeld
Tags: sex, Judaism

It seems that the last thing the legal system needs right now is another condemnation, in addition to all the blows the system is absorbing thanks to those responsible for its welfare, like the justice minister. Nonetheless, it unfortunately sometimes turns out that there simply is no choice, and despite the justified concern for the dignity of the court, it is necessary to protest the statements and approach of Dr. Gershon German, a family court judge.

According to a May 5 article in Haaretz, German refused to apply the domestic violence prevention law, and the law governing family matters in general, to a homosexual relationship. The judge ruled that "the question is whether, in light of these relations conflicting with the values of the state as a Jewish state, these relations should be elevated and given recognition and approval."

Had the judge sufficed with citing the position of the legislature or expressing his personal opinion that "these relations, by their very nature, cannot constitute the core family unit of parents and children," one could have assumed that this was yet another Israeli judge whose horizons and human understanding are apparently far narrower than his seat. It is well known that there are quite a few such judges. But German's reliance on the excuse of the values of a Jewish state, and the dragging of our cultural heritage into his reasoning, is truly outrageous.
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How does the honorable judge know with such certainty what the values of a Jewish state are, to the extent that he is prepared to use them as guidelines with which to issue his rejection or approval from the bench? Who does he think decided that the Jewish state sees gay relationships as conflicting with its values? Rabbi Yosef Shalom Elyashiv? Mr. Shlomo Benizri? Do non-Sabbath observers also not deserve to have their day in court because their behavior conflicts with the values of the Jewish state? After all, the Torah states: "Six days shall work be done, but on the seventh day there shall be to you a holy day, a Sabbath of solemn rest to the Lord; whosoever doeth any work therein shall be put to death" (Exodus 35:2).

The punishment for homosexual activity in the Torah is no more stringent than that meted out for doing work on the Sabbath. Are most of the secular residents of the country not fit to appear before German's court because their values apparently conflict with those of the Jewish state? It's impossible to keep from wondering where exactly the honorable judge is living.

The issue of what exactly a Jewish state means in our time and what its values are supposed to be is an open question that the Israeli populace, which is casting about for its Jewish identity, has yet to clarify seriously for itself. We need a lot of inspiration for this large task, which needs to be carried out for the first time out of a sense of political independence and moral responsibility. One thing is certain: If Judge German thinks that discrimination, insults and a revocation of rights can be part of the meaning of a Jewish state in our time, then maybe we would be better off without it.
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  1.   who draws the line? 16:06  |  marilyn 12/05/08
  2.   Israel is not that diferent... 21:53  |  Motic 12/05/08
  3.   Get your facts right 23:04  |  Jew-girl 12/05/08
  4.   Of course 00:16  |  Thomas 13/05/08
  5.   Hey Jew-girl! 00:50  |  CHGODMK 13/05/08
  6.   um , why don`t you get your facts str8 01:59  |  bibi 13/05/08
  7.   You are missing the point! 04:00  |  Yosef 13/05/08
  8.   The Torah speaks... 05:14  |  Webster 13/05/08
  9.   homosexuals 06:18  |  chaim 13/05/08
  10.   I think it is the Torah 07:27  |  Yossi 13/05/08
  11.   RE: Narrow-mindedness and discrimination 07:34  |  Yossi Condé 13/05/08
  12.   #3 Jew Girl it scares me to think you are a therapist 08:16  |  SJ 13/05/08
  13.   As a gay jew i reject the Torah 08:26  |  SJ 13/05/08
  14.   Great article 11:01  |  Roi Ben-Yehuda 13/05/08
  15.   To #12 and #13 12:04  |  Yoni 13/05/08
  16.   to jew girl 12:23  |  Harry 13/05/08
  17.   to the religious crowd 12:26  |  INCognito 13/05/08
  18.   Only what suits them 12:58  |  Trevor 13/05/08
  19.   To #15: most intercourse does not produce offspring 14:00  |  Jan 13/05/08
  20.   #5 and harrasment under another name... 14:19  |  Another Jew 13/05/08
  21.   Sj you scare us , rapists usually do 14:19  |  Jerusalemite 13/05/08
  22.   harry and judgemental agnostics 14:21  |  Jew-girl 13/05/08
  23.   incognito and no idea of how Judaism operates. 14:24  |  Another Jew 13/05/08
  24.   #5 fresh from arguing his obsession on another talkback 14:25  |  Joanna 13/05/08
  25.   bibi blathering away 14:27  |  Jerusalemite 13/05/08
  26.   missing the point 14:28  |  szl 13/05/08
  27.   J-Girl 15:58  |  Betzalel 13/05/08
  28.   Betzalel and pretentiousness 20:18  |  Jew-girl 13/05/08
  29.   thomas- go tell it on the mountain 20:53  |  Joanna 13/05/08
  30.   SJ #12 and kids at risk 22:11  |  Joanna 13/05/08
  31.   Joanna 22:42  |  Thomas 13/05/08
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