[Editor's Note: This post is not our typical "Southern & Jewish" fare; one of our contributors, Rabbi Marshal Klaven, wanted to share a sermon he wrote about homosexuality in the Torah, in light of the ongoing equality debate and the prominence of arguments around this topic "based on biblical texts".]
To Plant or Not to Plant Seed: The Truth of Homosexuality in the Bible
Ladies and gentleman of the jury, Your Honor – the Holy One, Blessed be God, I stand before you today to protest a great injustice and to defend the unalienable rights of fellow members in our human family. Every day, our brothers and sisters – people created in Your Divine image – are having their basic human liberties restricted or altogether stripped away. They are often harassed and tormented; they are often barred from supporting loved ones in times of great need; they are often prohibited from marriage; and, in some places, they are legally thrown out of public places like restaurants and theaters.
Why? What supposed crime have they committed? Simply: falling in love with another human being of the same gender.
And, frankly, it deeply upsets me that this injustice is perpetrated and perpetuated by people of faith, who claim that such blatant discrimination and unabashed bigotry are justified by Your Holy Word. Specifically, contained within the Holiness Code, part of a special section in the book of Leviticus, they point to a group of laws dealing with inappropriate sexual relations. According to just two lines in the entire Hebrew Bible, both of which are found within the double Torah portion of Acharei Mot/K’doshim, we are warned that “if a man lies with a man, as one lies with a woman, the two of them have done a to-eivah, an ‘abhorrent thing;’ they shall be put to death – their blood guilt is upon them.” (Leviticus 18:22, 20:13)
So, no, I will not argue today whether or not homosexual sex is prohibited in the Bible. Clearly, it is. However, I will attempt to answer the question that so often goes unasked in this debate, which is “why was it prohibited?” What about homosexual sex was abhorrent to our ancestors? To answer this pivotal question, which will dramatically change the course of the conservation, I call forward the expert testimony of Robert Alter, Professor of Hebrew Language, renown Biblical commentator. “The evident rationale for such a prohibition,” explains Alter, “seems to be the wasting of seed in what the law envisages as a grotesque parody of heterosexual intercourse.”
Why? What’s the problem with this parody? Well, the problem, according to the Bible, is that heterosexual intercourse, wherein the seed of human life (i.e. sperm) is implanted in the fertile ground of the woman’s womb, is meant for one purpose and one purpose only: to create life, to procreate, “to be fruitful and multiply.” First issued as a blessing in Genesis 1:28, these words only became a Divine command to man upon the depopulation of the world after the flood in Genesis 9:6. There, these words are found among others which deal with a case of homicide. This is intentional, writes the master commentator RaSHI, “for anyone who does not engage in reproduction should be compared to one who sheds blood,” as both require a death penalty.
Anyone, hmmmm? Well then, based upon this rationale a lot of people would be slated for death. Because, in addition to those who engage in homosexual sex, anyone – homosexual or heterosexual – who engages in sex using contraceptives (e.g. condoms), or anyone – homosexual or heterosexual – who masturbates, is likewise guilty of the same crime: wasting seed. What?! Don’t believe me? Then please allow me to introduce into evidence the case of Onan, Judah’s second eldest son. According to the Biblical testimony, “Whenever Onan went to join with Tamar, he let his seed go to waste. What he did,” states the Bible, “was displeasing to the Lord, so God took his life.”
Given this precedent, some may wish to continue their prosecution and persecution of homosexuals. After all, they claim, “God instructed us, in this Holiness Code, ‘to reprove our kinsman.’” True, God did say we should “reprove our kinsman;” however that line ends with “but, we may not incur any guilt because of him.” That is to say, when we see someone doing something we believe to be harmful, we are obligated to say something. However, as the second part of the verse implies, it has to be done in such a way as to not be disrespectful. For, we cannot resolve one sin by creating another. Besides, in God’s law of nature, death eventually comes. Not in body, but in name, as one who does not procreate, has no one to carry it on.
With that, Your Honor, ladies and gentleman of the jury, I rest my case. Clearly, without any true Biblical basis, upon which to ground such injustices, I ask that you dismiss all grievances against these fellow human beings, our kinsmen in the family of God. For, as social psychologist Erich Fromm deduced, “In essence, all human beings are identical. We are all part of One; we are One. This being so, it should not make any difference whom we love,” as long as we love with all of our hearts, all of our minds, all of our souls. With this greater truth, may we go on to honor both God’s Holy Words better, as well as all those who hold these Words near and dear: heterosexual and homosexual alike. Kein y’hi ratzon, may this be God’s will as well as our own.
 For example, while living in Cincinnati, OH for seminary training at HUC-JIR, I learned of a law there, which allowed a proprietor of a public place to throw someone out of their establishment if he/she suspected the individual of being gay, leaving this individual without any legal recourse. While this law was thankfully repealed in 2004 by 67% of the voters, many cities still have such discriminatory allowances.
 It is important to note that the Hebrew word to-eivah (“abhorrent,” or sometimes translated as “abomination”) occurs numerous times in the Bible. Taking stock of these, Rabbi Richard Friedman commented, “to-eivah is a relative term in the Bible, which varied according to human perceptions. For example, in Genesis, Joseph tells his brothers that ‘any shepherd is a to-eivah/an abhorrent thing to Egypt’ (46:34); but obviously shepherding is not a to-eivah/an abhorrent thing to the Israelites, as they proudly perform this role.”
 Some would like to add Sodom and Gomorrah to this list. However, nowhere in that story does the Bible say anything about homosexual sex. It is merely inferred from the line: “Bring them (i.e. the men) out to us, that we may get to know them.” (Gen. 19:5) It is true. Occasionally, “to know” is the Bible’s way of saying “sex;” but not always. Case in point: the beginning of the book of Exodus. There we are told “a new king arose over Egypt who did not know Joseph.” (Ex. 1:8). If everywhere the word “to know/yada’at” means “sex,” then we must conclude that the previous king of Egypt and Joseph were engaged in a homosexual relationship. And, because it did not continue with the new king, the Pharaoh became upset and enslaved our people.
 I explicitly state “homosexual sex” rather than “homosexuals,” because the Bible is clearly not prohibiting a person nor is it calling them abhorrent. The Biblical text is specifically referring to an act as abhorrent.
 Robert Alter. The Five Books of Moses: A Translation with Commentary. W.W. Norton & Co.: New York, 2004. p. 623
 The prohibition was addressed only to man, because of our ancestors’ limited knowledge about procreation. According to their understanding, all the material needed to reproduce life was contained with the zerah/the seed (i.e. the sperm), as a woman’s egg is never mentioned in the Hebrew Bible. Hence, that is the reason why sex between two women was never prohibited in the Bible, though included later by the rabbinic sages.
 RaSHI commentary to Genesis 9:6
 Kinsey, Alfred C. et al. Sexual Behavior in the Human Male. Indiana University Press: Philadelphia. 1948 and 1998, p. 499. According to this study, Kinsey reported that 92% of men engage in masturbation. In Kinsey, Alfred C. et al. Sexual Behavior in the Human Female. Indiana University Press: Philadelphia. 1953 and 1998, p. 142. According to this study, Kinsey reported that 62% of women engage in masturbation. A similar study was done in 2006 by Gerressu M., Mercer C., Graham C., Wellings K., Johnson A., called “Prevalence of masturbation and associated factors in a British national probability survey.” Arch Sex Behav 37 (2): 266–78. According to their results, 95% of men and 71% of women masturbate.
 See Genesis 38:6-10. The Mishnah, written in the first century of the Common Era, makes reference to this act. As it is written: “The hand that oftentimes makes ‘examinations’ is – among woman – praiseworthy, but among men, let it (i.e. the hand) be cut off!” Just in case we were fooled by the euphemism “examination,” tractate Niddah in the Babylonian Talmud makes it clear that “examination refers only to the emission of semen.” (BT Niddah 13a).
 Leviticus 19:17
 Erich Fromm. The Art of Loving. Harper and Row: 1956.
Recently, the Governor of Mississippi, Phil Bryant, signed the Mississippi Student Religious Liberties Act. On Governor Bryant’s website, the student religious liberties bill is described as one that “protects students from being discriminated against in a public school for expressing their religious viewpoints or engaging in religious activities.”
The expressed desire is to ensure that students can express their religious viewpoints. However, when we look at this bill more closely, it seems to be protecting the privileges associated with being part of the dominant Christian faith. As someone who does not subscribe to the dominant religion in Mississippi, Christianity, I found myself wondering whether the state was acting as an entity with privilege and whether my personal response (along with many others) was consistent with the behavioral patters the attached document ascribes to people who are—in the broadest sense—being oppressed. Because essentially, what this bill does is protect SOME students from being discriminated against in public school for expressing their religion.
Last week, I wrote about privilege and oppression. While we might feel privileged in certain areas of our life, we may feel oppressed in other areas of our life. This dynamic is often found when there is a dominant group with power greater than that of a minority group without as much power.
It’s difficult to make the case that in a Mississippi public school, where a significant majority of the students and faculty members are Christian, that a student that is Jewish, Muslim, Buddhist, Hindu, Sikh, atheist, or any other minority faith (or no faith at all) will feel as though their expression of religion is being protected by this bill. If anything, the message is that to fit in with the other students, their religious expression ought to be diminished and more consistent with the dominant religion.
The tendency to pay most attention to the dominant culture is a phenomenon we see not only in public schools, but also in private institutions – including American synagogues. Ashkenazi, white, straight, able-bodied congregants are part of a dominant culture. They are dominant in numbers and in the power structures of many American synagogues. Is it a stretch to wonder whether people who don’t fit that very precise description are feeling oppressed in any way? In looking at the tendencies associated with people in oppressed positions, I’d like to suggest that there are similarities.
Again, this chart provides some insight into the behavioral tendencies of people in positions of privilege and how it feels to be in a position of oppression—in the broadest sense. My hope is that this insight can lead us to proactively aim to foster a community where everyone is part of the “we” and there isn’t an “us” and “them” that separates the dominant group from one that is less dominant. With this in mind, we can do the difficult work of creating more genuinely inclusive schools, houses of worship, and communities, where everyone is valued.
In lieu of our regularly scheduled blog post today, the staff of the ISJL all send our love, thoughts, and prayers up North to Boston, where many of us have friends and family members. We are shaken by today’s tragic events, and praying for the best outcomes possible.
To all in the Boston area, all those terrified or injured, reeling and recovering, to all first responders, to everyone: our hearts are with you. Blessings for Boston, and for us all. Shalom, y’all.