In support of the Supreme Court on same-sex marriage
By Rabbi Leonard Rosenthal
SAN DIEGO (SDONA) — While delighted and supportive of the Supreme Court’s recent decision that denying same sex couples the right to marry is unconstitutional, I disagree with the many who commented, “Love Wins.” The Supreme Court’s decision has no effect on the ability of people to love one another. There are lots of people who love another human being without the benefit of marriage or living together.
The Supreme Court’s decision says nothing about love. Rather, it affirms the right of two adults to enter into a committed monogamous relationship with all of the civil responsibilities and privileges thereof. Same sex couples who wish to live their lives together as a married couple will now be afforded all of the protections and advantages that heterosexual couples have without needing to jump through additional legal hoops.
Although some have advanced arguments as to how clergy may legally be compelled to perform same sex marriages, I think this possibility is farfetched. Given the constitutional protections offered religious institutions and clergy, I do not see how the government or courts will permit coercing a clergyperson to violate his or her religious dictates.
The same, however, does not hold true for civil servants, i.e. those registrars who say issuing marriage licenses for same sex couples violates their religious principles. Inasmuch as the State sets the rules and regulations for civil marriage, I believe that those who are employed by the State need to follow the law. Otherwise, as one editorialist wrote, Muslims who say that women driving automobiles violates their religious principles could refuse to issue driver’s licenses, etc.
A civil marriage is exactly that: an instrument of American secular government. Religious marriage is a completely different animal. Instructively, in many countries one must be married in a separate civil ceremony before a religious ceremony.
Where does the Conservative [Jewish] Movement stand on the issue of same sex marriage? Shortly after the Supreme Court issued its ruling, the Rabbinical Assembly, the professional organization of Conservative Rabbis, published the following statement:
“Jewish tradition reminds us that we were all created equally, b’tzelem Elohim, in the ‘image of God’ (Genesis 1:27), and also shows us that marriage is a sacred responsibility, not only between the partners, but also between the couple and the larger community. Today’s decision by the Supreme Court upholds equality and the sacred commitment of marriage for all couples, regardless of sexual orientation. As Justice Kennedy wrote, ‘No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.’ As the Torah teaches, ‘It is not good for a person to be alone’ (Genesis 2:18).
“Our Movement recognizes and supports same-sex marriages as well as opposite-sex marriages, and therefore celebrates today’s ruling by the Supreme Court.”
My personal and Tifereth Israel Synagogue’s stance on same sex marriage has been clear for many years. I am on record as being willing to perform same-sex commitment ceremonies (and now marriages) for two Jews and the TIS Board voted to welcome such ceremonies in the synagogue.
I am proud of Tifereth Israel Synagogue’s continued policy of welcoming and supporting diversity within the congregation.
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Rabbi Leonard Rosenthal is spiritual leader of Tifereth Israel Synagogue in San Diego, California. You may comment to him at [email protected]. This article is reprinted from San Diego Jewish World which, along with The Moderate Voice, is a member of the San Diego Online News Association.