The Other Slippery Slope

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Two weeks ago the Rabbinical Council of America (RCA), the largest body of Orthodox rabbis in North America, issued a statement formally distancing themselves from the organization known as JONAH: Jews Offering New Alternatives to Homosexuality. It was in 2004 that the RCA first suggested in an earlier statement that rabbis might consider referring Jews struggling with homosexuality to that organization.

In the time since 2004 numerous issues have arisen with the therapeutic practices conducted by JONAH and other similar organizations. Serious allegations have arisen about the abusive nature of the treatment and subsequent mental health issues that arise for the patients, including higher risk of suicide. These change therapy clinics are indeed facing tests in court in both New Jersey and California, including JONAH.

The RCA after consultations with experts in psychology and law as well as rabbinic guides publicly decided to distance themselves from JONAH. In so doing the RCA has made a not so subtle move towards recognizing that homosexuality might not be something that can be “repaired” or changed in an individual. While the RCA has just begun this process, two and a half years ago hundreds of Orthodox rabbis, educators and communal leaders declared publicly that homosexual Jews are deserving of dignity and respect.

It follows logically that if homosexuals are deserving of dignity and respect that would translate into equal protection and equal rights under civil law. Thus, a colleague of mine in Portland, Maine, Rabbi Akiva Herzfeld, recently published an opinion piece in the local paper celebrating the passage of same-sex marriage equality in Maine. Rabbi Herzfeld has received countless calls and emails thanking him for his thoughts and he has also received numerous concerns that what he advocates is a slippery slope. If he supports civil marriage equality for homosexuals then why not for polygamists, practitioners of bestiality, etc.

The slippery slope argument can be very persuasive and it can also be paralyzing. The fear of what might be next can inhibit any action at all. Indeed, one does need to carefully consider future implications of their actions but after careful consideration and the weighing of ethical, moral, legal and social responsibilities one must make a decision.

One also needs to remember that there is another slippery slope out there, one that is equally powerful. The slippery slope of denying privileges and rights to one group very easily leads to the denial of those same privileges and rights to the next group and the next group and so on. After all, it was this same slippery slope argument that played heavily in the polemic of individuals opposed to emancipation, civil rights and desegregation. We may look back at those arguments now and find them foolish but many, many Americans did not during the time.

While we carefully consider the slippery slope of increased rights and privileges to an ever expanding circle of groups and constituencies, let us also consider the slippery slope of decreased rights and privileges to an equally expanding circle of groups and constituencies. Which slippery slope would we fear more? Which possible outcome is more damaging to our national character: a never-ending increasing of rights to a never-ending list of minority groups or a never-ending decreasing of rights to a never-ending list of minority groups? This is the question we must carefully and honestly consider.

I do not have an easy answer for you to ponder on this question. My aim is to provide another frame by which to view the question and allow you to come to your own conclusions. The Jewish way is not always in readily packaged quick soundbites of an answer but rather with offering the questions to grapple and to wrestle with.

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