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LGBT Social Justice

We Just Told the Supreme Court: The CCAR Opposes Employment Discrimination against LGBTQ Individuals

Among its various activities, the CCAR signs on to various briefs filed amicus curiae.  The term means “friend of the court.”  Amicus briefs are designed to inform a court about relevant facts and law that the parties to the case might not have had reason to focus on.  The CCAR signs on to several of these briefs a year, both in the U.S. Supreme Court and in state and lower federal courts.  I serve as the amicus coordinator for the Conference.

In the Supreme Court term that just ended, we signed onto a brief in Commerce Dept. v. New York that opposed the effort of the Administration to add a citizenship question to the 2020 census.  The Court agreed that this effort was illegal.  Of course, not all our briefs convince the courts, but they all get our opinions before them.

The start of the coming Supreme Court term, around Rosh Hashanah, will hear oral arguments on three consolidated cases that deal with employment discrimination against LGBTQ people.  The issue that all of them present is whether Title VII of the Civil Rights Act of 1964 protects these employees because such treatment constitutes prohibited sex discrimination. 

In Altitude Express, Inc. v. Zarda, a skydiving instructor was fired because of his sexual orientation.  In R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, a funeral director was fired after she informed her employer that she was transgender.  The employer had insisted that she present to the public according to her gender at birth.  In Bostock v. Clayton County, a county child welfare services coordinator was terminated when his employer learned that he was gay.  Two of the federal appellate courts hearing these cases determined that these firings were prohbited by Title VII; the other held that Title VII didn’t bar the termination.  The Supreme Court will resolve this dispute.

I shared the story of each case in order to remind us that court decisions are not just abstract intellectual matters.  How the Supreme Court rules will have a major impact in the lives of real people.

We signed onto a brief arguing that LGBTQ discrimination is indeed illegal under Title VII.  The URJ, WRJ, and MRJ joined us in this.  But this was a very special sort of brief, the kind that an amicus brief should be.  It was written specifically for religious organizations and clergy.  Denise Eger let members of the Conference who are on the Facebook page know about this brief and gave them an opportunity to sign on as individuals.

The brief explains why several religions, including ours, views equal treatment of LGBTQ individuals as a religious imperative.  It refers to actions and positions taken by these religious organizations, including the CCAR and the URJ.  It counters arguments made by other faith groups that their religious beliefs in effect require them to discriminate against LGBTQ people.  It responds that allowing such discrimination in effect favors those religions at the expense of ours and of others who share our views.

We cannot know how the Court will rule.  We can know that we have told it that allowing some to discriminate against LGBTQ people on religious grounds will also constitute discrimination against our way of practicing our religion.


Rabbi Thomas Alpert serves Temple Etz Chaim in Franklin, MA.

Read more about the brief on the CCAR’s website.

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Books gender equality LGBT Social Justice

On the Shoulders of Revolutionaries: Queering Jewish Texts and Reform Ritual

As a child, I could see myself becoming a rabbi. And now, as a queer rabbinic student, I can envision myself echoing the call of women rabbis who demanded to see themselves in tradition.

Queer readings of Jewish texts are liberating – they explode traditional categories of classification and rigid ways of thinking.  Rather than pushing readers toward clear cut understandings of biblical figures, aggadic material, and Jewish law, queer analyses of texts open up and shed light on multiple truths and ways of being in relationship to Jewish ritual and values. I believe that one feature of any sacred text is its ability to capture and say something about the human condition. Understanding a text through a queer lens has the power to not only locate universal human truths, but also to amplify these sacred elements, allowing us to see themes and characters as constantly changing. In opening texts to new meanings, we as people then have the permission and power to understand ourselves as constantly changing, traversing borders, and breaking down barriers. Queer theory also pushes us to challenge the binary nature of labels like, “sacred and profane,” acknowledging that the line between such categories is constantly shifting and permeable. When the boundary between sacred and profane is understood in this way, the brokenness and injustices of our world can become sites of sacred work, partnership, and healing.

While there are many scholars, clergy people, and Jewish organizations engaged in the project of queering Jewish space and text, I would argue that the power and full force of this work has not yet been incorporated into many Reform congregations. How would a “queering” of Jewish space look in mainstream Reform Judaism? Perhaps it would challenge our, often, hierarchical leadership structures, open up the possibility for new rituals in our congregational life, or push us to embrace and name every aspect of the human experience, like anxiety, joy, anger, and frustration in our worship. What would it mean for our congregations if gender was experienced not as a set of defined behaviors, but a fluid and ever changing category? Would there still be a brotherhood poker night? Or a sisterhood fashion show? When we free ourselves and our children from expectations of behavior based on constructed categories like gender, we open ourselves up to new understandings of proximity, social change, and justice – we understand that boundaries and borders set between people only grow wider and stronger when we refuse to cross them.

A few weeks ago, I had the privilege of celebrating the release of The Sacred Calling: Four Decades of Women in the Rabbinate at HUC-JIR in New York City. As part of this celebration, Rabbi David Adelson, Dean of the New York campus, moderated a panel discussion between three women whose rabbinates represent the influence of women on the American Jewish landscape. Addressing the packed chapel, Rabbis Sally J. Priesand, Rebecca Einstein Schorr, and Leah Berkowitz spoke about their experiences confronting and breaking open barriers as female clergy members. The powerful testimony of each rabbi made clear both the tremendous strides the reform movement has taken toward gender equality since Sally Priesand’s ordination in 1972, and the groundbreaking work female rabbis continue to do in teaching us new ways of being in the world.

As a female, third-year rabbinic student at HUC-JIR, I am a direct beneficiary of this work. Listening to these women share pieces of their respective rabbinic journeys, I could not help but feel tremendous gratitude for my ability to walk along their well-trodden paths. Growing up, watching Rabbi Leah Cohen, the rabbi of my home congregation, in action every Shabbat, it was never hard for me to imagine myself on the bimah or to see myself entering the rabbinate. When I applied to HUC-JIR, I didn’t see my application as an act of daring or courage, but rather the fulfillment of my childhood dream. But there is more to this story. Women rabbis have not just opened the door for young girls to see themselves in positions of Jewish leadership; they have also fundamentally infused the role and identity of the rabbi with endless possibility. As a child, I could see myself becoming a rabbi. And now, as a queer rabbinic student, I can envision myself echoing the call of women rabbis who demanded to see themselves in tradition. In creating and opening up new models of religious leadership, women rabbis have sewn the seeds for other forms of non-traditional engagement with Jewish texts and ritual, the harvest of which is in full-bloom.

Like Moses, Miriam, Jacob, the levitical priest, Judah the Prince, and countless other figures and innovators of our tradition – we have the power to cross boundaries, re-imagine ourselves, and to demand relevance and blessing from our tradition – to queer notions of identity and meaning in this world.

Hilly Haber is a third-year rabbinical student at HUC-JIR in NYC. Originally from New York, Hilly has a Masters of Theological Study from Harvard Divinity School and has worked in temples from Boston to Boulder.  Hilly is a rabbinic intern at the Central Conference of American Rabbis.

 

 

 

 

Categories
LGBT Social Justice

LGBT Pride Month: In The Wilderness We All Count

My high school years were spent in the desert of Southern California, but to me it felt more like a wilderness, vast and empty. During the summer it was so quiet that many shops and restaurants would close from Memorial Day until Labor Day.

But my mother had a different view. She knew that each person counts, especially in a wilderness, and so she would “collect strays,” people who didn’t quite fit in, who felt like they didn’t count.

Among the “strays” was Don. Don was tall, good looking and really funny. And he was a a 30 something gay man struggling against the challenges of not having family support, His joy and humor made an impression on me, a 14 year old kid, still in the closet.

My mom regularly brought in people who were on the outside; people whose family or community didn’t or wouldn’t support them. As a high school student in the 1970’s I saw how difficult life was for, people like Don, like me The discrimination of lesbians and gays, deprived them of even the most basic rights. So many battles for things we take for granted today, were yet to be fought. To be openly gay or lesbian came with so many risks, personally and professionally, against which there were no legal protections. To be accepted for who you were, to be in a safe place was a treasured gift. For Don and the others my mother welcomed at her work and into our lives, our home was an oasis. By modeling inclusion and hospitality, especially for these young men, I learned a lesson in acceptance and the value of each individual person.

Many decades have passed I am now at the opposite end of the continent, I live in Maine. Maine too is a wilderness for many people, after all it is a state reputedly with more moose than people. Here in this beautiful, sparsely populated place there are those who know the value of every person, every marriage, and every community. And they are willing to stand up and fight for the rights of others.

The best example of this valuing was demonstrated in the work done in 2011-12 to bring marriage equality to Maine. The marriage equality campaign understood the best way to educate our neighbors on the value of equality was to treat everyone as if they mattered. This meant walking door to door and meeting face to face. The goal was to meet and to educate, to share and to listen. The message of the campaign was about the value of marriage and marriage equality. Every marriage should count; every family be valued.

Today in Maine the conversation has shifted to ensuring the rights of transgender people. However, the message is the same, we all count, we all deserve to be safe in our communities, our state, and our country. There have been successes and yet there is much work to do.

Nearly every year, the LGBT pride month coincides with the reading of the Book of Numbers/B’midbar. The Book begins not only with the Israelites wandering in the wilderness traveling toward the Promised Land but also with a census of those on the trip. The dual titling of this book of the Torah teaches us an important lesson: In the Wilderness/B’midbar — Everyone Counts. Each one of us matters as we make our way to our common future. In fact that is is the only way we can reach the “promised land”. We are still wandering, though we are closer, and by joining in with your voice, you can help take us a step closer. Until every person matters we will always be wandering in a wilderness.


Rabbi Darah R. Lerner serves Congregation Beth El in Bangor, Maine