A Modest Case For Civil Marriage Equality

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Political discourse finds expression everywhere it can. People discuss their convictions over dinner, at water coolers in the office, in the gym and nowadays through their Facebook profile picture. When the Supreme Court began hearing arguments on two cases related to same-sex marriage people began to change their profile picture to a symbol from the Human Rights Campaign to express their support for complete civil marriage equality. Facebook was painted red as the red logo with an equal sign in the middle became ubiquitous. Those who did not change their picture were almost making a political statement by doing nothing.

I chose not to modify my Facebook profile picture out of a sense of discomfort with politicizing the medium of a profile picture on Facebook. Yet, nonetheless, this is an issue that has great importance. How should a sensitive, politically aware and thinking Modern Orthodox individual approach the topic? There are a multitude of approaches, attitudes and perspectives and what is written here represents no one else other than myself but is one direction that I offer for contemplation.

220px-Chupah_closeupMelissa on the blog Redefining Rebbetzin contributed her thoughts to the issue and I would highly recommend people to review what she has to say because it is a perspective sorely missing from the current discourse in the Modern Orthodox (or broad Orthodox) community. She essentially argues that there is a fundamental distinction between what we call “marriage” in civil language and what we call “marriage” in a religiously framed Jewish language and they are not the same thing. One can argue for equal rights and protections under civil law for all types of people without needing to compromise the internal theological language of a particular faith tradition.

I believe Melissa is correct in her assessment and that many religiously conservative Jews conflate the two types of marriage and imbue civil marriage with an aura of holiness and sacredness that it does not possess. Perhaps this is an area where many Jews have inadvertently adopted the dominant outlook of the religiously conservative Christian community endowing a mechanism of the state with religious significance.

In addition, I would offer another thought to further the discussion. The words of the German pastor Martin Niemoller are powerful in the sentiment they convey, which should be a guiding principle for all historically conscious Jews:

When the Nazis came for the Communists, I remained silent; I was not a Communist.

When they locked up the social democrats, I remained silent; I was not a social democrat.

When they came for the trade unionists, I remained silent; I was not a trade unionist. 

When they came for the Jews, I remained silent; I wasn’t a Jew. 

When they came for me, there was no one left to speak out.

This famous poem by Pastor Niemoller represents the sentiments of all too many German citizens who did not protest the increasing restrictions of civil protections and liberties by the Nazi government. Each increasing restriction was targeted towards specific minority groups so that others could distance themselves from a sense of responsibility because they were not of that group. Additionally, many people in 1930s Germany (and other parts of Europe) did have significant political, philosophical or theological differences with many groups that were being targeted and of course many were just simply prejudiced towards some minority groups to begin with.

The lesson Niemoller conveys is that when the state begins restricting its protections and rights from one group, or in the case of Nazi Germany actively persecuting one group, it does not take long for other groups to become implicated. The path of civil restrictions with plenty of requisite rationalizations and justifications rarely ends at just one minority group.

Jews, of all minority faith communities, should be hyper-sensitive to the danger of restrictions of civil liberties, protections, rights and benefits against any one minority group. We know, perhaps more than any other faith community, what it means to be denied privileges, rights, benefits and protections because of a litany of justifications and rationalizations. Those justifications changed throughout the course of Jewish history dependent on time, place and culture (i.e. scientific, political, religious, cultural) but they all served the same goal: To deny the Jewish people the same place in the fabric of civil life that others had.

Therefore, it seems both possible and responsible, to both always be on the side of the increasing of civil liberties and protections while firmly holding true to the unique outlook and language of our religious worldview. To do both is to be simultaneously in tune with the imperatives drawn out from two millennia of victimhood and to be faithful to the halakha as understood through the ages.

Posted on April 12, 2013

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