Rabbis split over legalization
of same-sex marriage

By RON CSILLAG
Staff Reporter

Reactions were mixed in Jewish circles to last week’s landmark Ontario Court of Appeal ruling that legalized same-sex marriage in the province.

“It’s a wonderful move,” enthused Rabbi Debra Landsberg, incoming chair of the Canadian Coalition of Liberal Rabbis for Same-Sex Marriage.

“As someone who entered Canada [from the U.S.] having already officiated at a gay marriage ceremony, I believe in the sanctity of marriage as something distinct from an ongoing, long-term relationship,” said Rabbi Landsberg, spiritual leader of Toronto’s Temple Emanu-El.

The coalition, comprised of 25 Reform and Reconstructionist rabbis across Canada, presented a 21-page factum to the court in support of same-sex marriage, arguing that homosexual couples are just as capable of fulfilling Jewish values as heterosexual ones, and that Jewish law in this area is “not immutable.”

Ed Morgan, the rabbis’ lawyer, called the ruling a “resounding defeat” for the federal government, but one that “was only a matter of time.”

The June 10 ruling rewrote the definition of marriage to include same-sex couples, saying denying gays and lesbians the right to marry offends their dignity, discriminates on the basis of sexual orientation and violates their equality rights under the Charter of Rights and Freedoms.

The historic, unanimous judgment makes same-sex marriages legal for the first time in Canada.

Courts in British Columbia and Quebec have also struck down marriage laws, but gave governments until next year to rewrite their legislation.

The Ontario judgment goes further because it ordered Toronto’s city clerk and the provincial registrar-general to issue and accept marriage licences for two couples who wed in 2001 under the ancient Christian tradition of the publication of banns. That allowed them to avoid having to get city-issued licenses.

The court rejected the fear of religious groups that gay marriage infringes on religious freedom because it would force them to conduct ceremonies against their will.

“This case is about the legal institution of marriage,” the court said. “We do not view this case as, in any way, dealing or interfering with the religious institution of marriage.”

Rabbi Landsberg said same-sex marriage fits with her understanding “of the appropriate extension of what is understood as marriage in a Jewish sense.” Halachah is open to “natural growth and development, just as the Jewish people are.”

The court, ruling on an appeal of a lower court’s finding that the traditional definition of marriage was unconstitutional, changed the definition of marriage from being “the voluntary union for life of one man and one woman,” to “the voluntary union for life of two persons to the exclusion of all others.”

Rabbi David Novak, professor of Jewish studies at the University of Toronto and a vocal opponent of same-sex unions, sees the ruling as harming the traditional definition of marriage.

“It’s unfortunate this type of decision makes the institution of marriage virtually meaningless,” said Rabbi Novak, who told the House of Commons committee studying same-sex unions this spring that Judaism regards marriage as the union of a man and a woman and is driven by the biblical commandment to “be fruitful and multiply.”

He said the court ruling opens the door to other unions: “Polygamy… incest. Why just two human beings?”

He challenged liberal rabbis “to show me one classical Jewish source to show what they are advocating is justified.”

Apart from altering the definition of marriage, Rabbi Novak foresees other problems in the Jewish community, including opening synagogues to discrimination if they refuse to perform same-sex weddings.

Also, “what if one [partner in a same-sex marriage] applies to be a teacher in a Jewish school? What about synagogue membership for couples?

“I don’t think gays will stop. I think their aim is to totally, completely transform the moral tone of society.”

He also called on Orthodox and traditional religious leaders to speak up more on this and other issues.

“People looking on get a very skewed view of Judaism when they see 25 liberal rabbis supporting same-sex marriage” without a countervailing Orthodox view, he said.

Morgan, the lawyer who represented the liberal rabbis before the Court of Appeal, said in his capacity as chair of Canadian Jewish Congress, Ontario region, that he recognizes there is a diversity of views among Jews on this issue.

“I think that’s mirrored in the community at large,” he said.

As of last week, there seemed to be no rush among Jewish same-sex couples to seek a marriage license.

Last summer, Rabbi Justin Lewis of Kingston officiated at the wedding of two Jewish women in Toronto. Rabbi Lewis, spiritual leader of the Reform Congregation Iyr Ha-Melech, described it as a complete Jewish ceremony, with a chupah, ketubah, witnesses, proper brachot and an exchange of rings – “the whole works” – although it wasn’t in a synagogue.

But when he tried to have the marriage registered by the province, “I received a telephone call threatening to revoke my right to officiate at weddings if I continued to do same-sex marriages.

“I hope that’s changed now.”

Rabbi Dovid Schochet, head of Toronto’s Vaad Harabanim, did not not mince words in his reaction to the court ruling.

“It’s a chillul Hashem, a desecration of God’s name and law. It’s not a matter of broad-mindedness. It’s very simple. Sodomy is not only a Jewish matter, but it’s forbidden by the [seven] Noachide Laws, which apply to everybody.”