Frum and Gay

A gay 'wedding' ceremony (Forward)

Is it possible for a Homosexual to be a fully observant Jew? Of course it is. What is not possible is for an Observant Jew to deliberately sin and call himself observant. This applies to all of us.  It isn’t being gay that is a sin. It is acting upon that inclination in sinful ways that is. 

One of the most common ways of sinning in this regard is through a sexual act the Torah informs us is a capital offense and a Toevah – an abomination (Vayikra 18:22 and 20:13). Under the right conditions a Beis Din would be required to execute the offenders. Even though those conditions are rarely (if ever) met, that the Torah tells us this makes it clear how serious a violation Torah considers it.

This is something that should not be waved off as an ancient and archaic lawwhich is not applicable in our more enlightened time. It is as much a sin today as it ever was. Even though there is nothing anyone can do to stop those so inclined from doing it. 

As I have said many times experts in the field of human sexuality have determined that people with same sex attractions are incapable of changing. Whether it is nature of nurture is irrelevant. 

If the sex drive - which is part of human nature - can only be satisfied in sinful ways, that is a problem for a gay man.  (There may be Halachicly permissible  ways to deal with that, but that is beyond the scope of this post.) One thing is clear. They cannot participate in the sexual behavior that is most associated with gay people that the Torah forbids on pain of death.

Irrespective of whether their sexual activities are sinful or not, there is another Halacha that applies in the current climate of normalizing homosexual behavior: The Torah tells us the following: Lifnei Iver Lo Sitain Michsol – Do not place an obstacle in front of a blind man. (Vayikra 19:13). 

Which brings me to Shira Telushkin’s article in the Forward. She informs us that there are seriously observant gay couples  that wish to get married to each other using alternative method. Which can be used in a ceremony to formalize a gay ‘marriage’ in a Halachic way. They have come up a document that on the surfaces seems to satisfy Halacha along the lines of a legally binding  contract between 2 partners. 

Even though a contract like this might be binding in one sense, in another sense it is highly questionable because of Lifnei Iver. In essence that is a contract to live a lifestyle that is conducive to serious violation of that prohibition. 

Placing a religious imprimatur on a lifestyle like this is a non starter. I get that an observant gay couple wants to have a religious ceremony validaiting the way they live Halachicly. That is to their credit. But they need to recognize that a legal document like this counters the very notion of being observant. You cannot ‘Kasher’ things which are intrinsically not Kosher. No matter how strongly the general culture says it is ‘Kosher’..

And that is precisely where the general culture is at. If there was a motto to reflec the current spirit of the times it would be that it doesn’t matter who you love or how you love them. All forms of sex by consenting adults are morally equivalent. 

There is hardly a TV drama today that does not have a gay couple in it as one of the main characters. They are always portrayed as normal and ethical - often with a higher moral code than the heterosexual characters.  The message by the most influential medium in the world is that gay couples and they way they ‘love’ are to be treated exactly the same way straight couples are - as well as the way they ‘love’. 

Biblical values - upon much of which this country was founded - are now more than completely ignored. The bible is deemed to be an immoral man made document whose values are sourced on the unenlightened archaic values of ancient times.

This is why gay marriage is recognized as a constitutionally protected right by the Supreme Court. The result of which is that gay married couples that have become quite mainstream. It is no small wonder therefore that observant gay Jews want the same thing. They want to be considered normal. Who doesn’t?

 But if we are going to be a society whose moral code is informed by the bible, then we cannot normalize gay marriage. Unfortunately that idea seems to have been abandoned by the majority of the American people.  Polls show that most Americans approve of gay marriage.

 Where does that leave observant gay men who do value the bible? I believe we should not have anything remotely resembling a gay marriage. You cannot sanctify a lifestyle conducive to sin.

But that does not mean that we shouldn’t accept a gay Jew for who he is - and treat him with same the human dignity required of all mankind.  Of course we should. I cannot say that enough times! If a gay Jew is committed to observance – that ought to be celebrated. We must make gay Jews feel as comfortable as we can. 

If they are in a gay relationship, that  should not make us disparage them. We have no way of knowing what they do in the privacy of their own homes. We therefore must be Dan L’Kaf Zechus giving them the benefit of the doubt. And even if we know they are sinning, it is still none of our business. That is God’s business.

But treating gay people with respect and human dignity is a far cry from trying to place a Halachic imprimatur on a relationship conducive to sin with a ‘marriage’ ceremony that mimics a real one - is at best not in the spirit of the Torah and probably Halachicly forbidden . If one is truly observant they should understand this no matter how they feel about it.

Cassidy Hutchinson and MAGA People

Cassidy Hutchinson, former aide to WH chief of staff Mark Meadows

I am a point where I am beginning to think that MAGA people are insane.

I do not say this lightly. They are not evil people. Their intent is not to harm anyone. To the contrary, most  are good people that have the same values I do. They believe that by supporting Trump they are supporting polices that are in concert with their values. 

They believe themselves to be the real patriots and see Donald Trump as their fearless leader. An antiestablishment president that bucked the system. Unafraid to be reject the kind of political correctness that has become the bread and butter of conventional political rhetoric.   

As I said, many of his polices resonated with me, too. But when lines are crossed the way Trump crossed them on January 6^th it should erase any support he had gotten - despite those policies. A true patriot would understand this and recoil from the idea of supporting him after yesterday. The Associated Press reports the following: 

Cassidy Hutchinson, a little-known former White House aide, described an angry, defiant president who was trying that day to let armed protesters avoid security screenings at a rally that morning to protest his 2020 election defeat 

Hutchinson’s testimony was the most damning evidence to date about how the former President attempted a coup d’etat.  A pretty violent one! He knowingly encouraged an armed angry mob to march on the capital yelling “Hang (Trump’s own VP, Mike) Pence’. To which he replied ‘He deserves it!’ 

Trump actually wanted to go with them and lead the march. But he was rebuffed by his security detail for their fear of his getting hurt. He settled instead on inciting them.

Any patriot that truly loves his country would realize that they could no longer support a man like that. Even if they voted for him. That was the case with the many former  White House staffers under Trump who testified at the hearings. In so many cases these Republican patriots were MAGA people right up to January 6^th As was Cassidy Hutchinson. She too voted for him. 

This morning, Mick Mulvaney, Trump’s own acting Chief of Staff was interviewed on CBS. He had defended his former boss against all the witnesses testifying against him at those congressional hearings. That ended yesterday after Hutchinson’s explosive testimony under oath.  Mulvaney believes her. He no longer wants to see Trump as the Republican candidate for President.  

And yet the MAGA people are out there and still cheer Trump on - continuing to deny reality. Calling all of the conservative Republicans - some of whom worked for him in the White House and surely voted him – traitors. 

I know it isn’t easy to walk away from a man that promotes policies that one so strongly supports. I get the argument that it is policies that matter, not the character of the man making them. But there has to be a realization at some point that an in individual like Trump is so evil - it overrides those polices. And that he should never be supported again. That so many ordinarily smart and ethical people still do is pure insanity! I have no better explanation for it. 

It is as if there is nothing anyone could say that would dissuade them of that support? Are they so blinded to reality? A MAGA person may believe he is being patriotic. But They are not. The cost of decay to our body politic is way too high. That decay may, God forbid, cause the death of our wonderful democracy. 

My message to hard core supporters of Trump - especially those that are among my coreligionists - is to come to your senses and stop supporting Trump. What will it take for you to wake up?! Stop idolizing a man who would be king at any cost including risking the lives of his own VP and possibly his own supporters at at a rally that he knew included gun toting extremists. Stop trying to deny or explain away his behavior that day. Stop considering all the conservative Republican witnesses that served him and voted for him who are now testifying against him - traitors. 

The time has come. Do it now. We can surely find a better conservative candidate that will promote the values and policies we support, and will be a true patriot that never does the kinds of things Trump did. 

Nikky Haley anyone? Wouldn’t it be wonderful if she were the first woman to become President?

Israel's Political Chaos

Bennett, Netanyahu, and Lapid (JTA)

Here we go again. Israel’s governing coalition did not last very long. It is about to dissolve and new elections will be held – probably in late October.

This will be the 5^th election in 3 years. Which doesn’t say much for Israel’s parliamentary system of government. That is one of the ironies of trying to have as close to a democratic government as possible. The parliamentary system might be a more representative form of government. But it also weakens its ability to govern effectively. Especially in a country like Israel where there are more political opinions than voters.  When there are as many parties the Keneset (Israel’s parliament) as there are in Israel – it almost guarantees that political differences  between the parties will eventually sabotage the required majority coalition cobbled together by the leader of the party with he most votes. Which means new elections are called for again. This is exactly what happened this time, and every time in the last 4 governments. 

The funny thing is that prior to first of these now 5 elections, there was a pretty stable government.  A coalition was held together by the last prime minister, Benjamin Netanyahu. His party, Likud, had a plurality of the voters giving it the most seats. Until about 3 years ago, he was able to form a coalition of like minded parties to form a slim majority for most of the 12 years of his leadership. 

But 4 elections ago Netanyahu couldn’t do it anymore. His reliance on an unholy alliance between the Charedi parties and the politically right wing party of Avigdor Lieberman was stymied because he refused to be part of any collation that included the Charedi parties. The result is what we have now.

The more democratic - the less efficient. The obvious corollary to that is that a dictatorship would be the most efficient form of government. That’s probably true. But dictatorships are not always benevolent. Most of the time they are tyrannical and once in power, they tend to keep it  that way permanently. 

In short, it’s a mess. But it doesn’t have to be that way. There is a happy medium. Direct elections for Prime Minister would be the best of both worlds - democracy and efficiency. It would obviate the need for coalitions.

If I recall correctly that was tried once. But it was quickly abandoned. Voters had been inclined to vote for the party that most represented their political views instead of compromising and voting for a party because of its leader whom they wanted to become Prime Minister. That really waters things down the power of the political parties. If politics is about anything - it’s about power.

I like the US system of 3 equal branches of government. The Executive (President), Legislative (Congress) and judicial (the courts) branches. That is probably the most efficient form of governance that can still be called a democracy. I have no clue why Israel could not adopt a similar form of government.

Be that as it may, Israel is what it is and needs to figure out a way to avoid the chaos that characterizes its government now.  

I’m sure that has been increasingly on minds on every politician with each passing election. Israel cannot afford to continue having unstable governments. They need to look at what works best. To do that they should look at what gave Netanyahu 12 successful years.  Likud got the most votes and he led the party. 

But he is no longer able to cobble together a governing coalition. Too much water under the bridge. He has made too many enemies. And there is also his corruption trial - Not a winning combination.  

Will Likud still win  a plurality of the votes? It may. The fact is that under Netanyahu Israel had security and unprecedented economic growth. That was - and probably still is his strength.  That so many voters hate him may not affect whether they will vote for him. Most voters don’t care about the corruption charges he is facing. They want a government that works. Which it did under Netanyahu. 

This will not change things. As it stands now, Netanyahu will not be barred from becoming Prime Minister. But I doubt he will succeed in returning to power. His political enemies in the Keneset still hate him. So I doubt the next election will solve anything. He still won't be able to form a coalition. 

The way I see it is that the chaos will continue ad infinitum if the political system doesn’t change. I see no way out. But who knows. I am not a Navi. Stay tuned. 

An Inconvenient Pregnancy

The abortion debate (JTA)

Well, it finally happened. By a 5-4 majority, the Supreme Court has overturned Roe V Wade. Which had given constitutional protection to the right of a woman to abort her permanency for any reason she chose. 

The Court’s decision does not make abortion illegal. It just allows individual states to make their own laws about it.  And although unlikely, it even allows for federal legislation to legalize it for the entire country. The reality however is that abortion will be made illegal in a number of states. Making it difficult for residents of that state to get one - if at all.

Despite all the cheering by many Orthodox Jewish organizations – this is not a good outcome for Orthodox Jews. As I have said many times before - this medical procedure should remain legal so that when Halachicly required, it can be easily accessed without fear of violating the law.

That many of the states outlawing abortion include an exception when the life of the mother is at risk – is of little solace. The fact remains that this exception is subject to wide interpretation. Halacha might differ from a state’s interpretation.  State legislatures will not look to our Poskim when crafting those laws.  

In cases where there is conflict between state law and Halacha it would require a woman to travel to another state to get an abortion - thus delaying a life saving procedure. Which by itself could endanger her life. Not to mention the inconvenience, being away from family and community, possibly not being covered by insurance, and travel expenses. I have even heard talk that some states might even make it illegal for any woman to seek an abortion in another state – considering it a prosecutable crime! 

It is for this reason that I am not cheering this decision along with the Orthodox Jewish organizations that are. Their cheering is in my view short sighted.

That being said, I find the arguments in favor of abortion by the pro-choice crowd to border on the immoral. Their primary argument is that a woman should have the right to choose what to do with her own body for any reason she chooses. I would normally agree with that in principle. All human beings should have that right. Provided there is not another life involved. Which in the case of abortions there clearly is. A woman’s right to choose stops at that door. I have yet to hear any pro-choicer talk about anything other than reproductive rights or abortion rights. Never a word about the fetus. As though it didn’t even exist.  Baby? What baby?!

Listening to interviews of those protesting the decision really brought this point home to me. One married woman said, we just aren’t ready to have a family yet. I can’t have this baby. Another woman said that having a baby would end her career. Another woman said she could not afford to have any more children and that she could barely afford to feed the children she does have. The passion is all about MY rights. My convenience. Me, me, me! 

Sure. It is inconvenient when not expected. But should that mean killing the fetus is the solution? Is that really the morally correct decision?

I have to believe that one of the driving forces of the pro choice movement is the cultural revolution about casual sex that changed how sexual relations is now viewed. The idea of sex being primarily for the purpose of having children is an archaic one. 

The biological reality is that reproduction is exactly what having sex is for. But today that is at most an inconvenient reality when it happens. As though it were just an accidental bi-product of love making. By today’s standards it is rare for a young couple to not have a sexual relationship well before marriage. Having a sexual relationship is a culturally accepted means of expressing affection. regardless of marital status. Even one night stands are considered perfectly fine between consenting adults. Hardly anyone considers that immoral today. 

The advent of a variety of easily obtainable contraceptive measures has made having children irrelevant to having sex. 

It's all about making love. Pregnancy is no longer an issue. Until it happens. Well that’s no problem. The pregnancy can be terminated and they can go on with their relationship without that inconvenience.

I’ll bet the people protesting the loudest are people that see sexual relationships this way. Sex for purposes of procreation is an archaic idea that has long ago been abandoned as a primary motive for engaging in it. When a culture sees sex as nothing more than a means of making love, it is no wonder that overturning Roe V Wade is so vehemently protested.

I have to wonder how many abortions are due to this attitude? How many abortions are by  women involved in a casual sexual relationship? More than a few I’ll bet.

Sanctity of life?! What’s that?! ‘My rights’! That is all that matters. And the liberal/left cheers them on as though they have the moral high ground.

Meanwhile the left leaning media has expressed the same ‘moral outrage’ over this decision while pretending to be even handed to the pro lifers. They can barely disguise their contempt for the conservative justices that made it happen. Hardly ever failing to mention Trump being responsible for that.

It is the pro life people who have the right idea about the sanctity of life. Usually based upon the moral and religious values of the bible. I side with their views on the sanctity of life despite my views that abortion should remain legal across the land.

What about the fact that a huge majority of people supported Roe V Wade and think the Supreme Court made the wrong decision? 

I think the lopsided support for  Roe V Wade is in part due to the same feelings I have about it. If I had been asked about it, I would have said the same thing. I believe the country is more evenly divided on the issue of unfettered abortion rights.

But even if I am wrong, popular opinion has nothing to do with what the constitution requires. Which is a matter of interpretation. The Supreme Court’s decision was based on that and not on how popular their decision would be. 

One more thing. There is a lot of discussion about what’s next. What other recent decisions will the Court strike down? Is gay marriage at risk? What about contraceptives'? Will the Court remove the recently granted constitutional protection allowing states to make their own decision on these issues? 

That has been answered by the Court itself. There is a qualitative difference between abortion rights and those other issues. The former involves extinguishing a potential life - a potential human being. Gay marriage and contraception does not. Constitutional protection granted to these 2 things will not be taken away. Only one justice, Clarence Thomas, believes it should. But it ain’t gonna happen under this court. All the the other conservative justices would vote against overturning those decisions it if they were challenged.

For the record. I side with Justice Thomas with respect to Gay marriage for reasons that I have articulated in the past but are beyond the scope of this post. I do not believe that there is any inherent constitutional protection for that. Contraception on the other hand should be available to everyone subject to the individual consciences of the people who seek them in concert their their religious convictions. 

At the end of the day, I hope that our people will not suffer any adverse consequences of the Court’s decision on Roe V Wade. But I would have been happier of the Court just left it alone.

No New Post Today

Although I had planned to write a new post today, a  family Simcha, (my granddaughter's engagement party - or Vort... or L'Chaim - pick your choice)  precluded any chance of my writing  anything. It unexpectedly took up a major part of the day. I will be dealing with the hottest, most talked about subject - tomorrow.  

Going too Far? Extreme Requirements for Women

There was another Internet Asifah a few days ago. This one for women only.

It’s been a relatively long time since the last one where Rabbi Ephraim Wachsman implored the audience to heed the words Rav Shmuel HaLevi Wosner, ZTL,  - warning the audience about the dire spiritual consequences if they didn’t. Rav Wosner then went about telling everyone that it was Halachicly forbidden to access the internet.

That took place over ten years ago. Obviously very few people listened to him. Although he later clarified that certain exceptions could be made for work, computers should nonetheless NEVER be found in the home. it did not take long for that edict to be violated as well. That gave rise to internet filters. With that precaution in place very few people avoid having any internet service in their home. (Although there are still some that do not use it at all.) I guess that has caused some problems for the Chasdic world that this Assifah addressed.

The following is a tweet by one Shlomo Felberbaum: 

20,000 Chasidic women gathered tonight to hear how dangerous the free access to information is to their lifestyle.

I am not surprised by any of this. I believe the Chasidic insistence on an insular lifestyle makes their attitude about the internet the most extreme in the Charedi world. Their leadership would prefer it not be accessed at all. To the extent that is - is to the extent that their lifestyle is endangered.

I was struck by a series of tweets in response to that Asifah by a Chasidic woman calling herself Chassidish Veibel – (Yiddish for Chasidic wife). By use off that pseudonym she is likely part of the system and not some sort of disgruntled expatriate Chasidic woman who left the fold with a vendetta. She said that what she heard  filled her with a deep sense of rage and pain! 

If what she says is accurate, it gives us a glimpse into how Chasidic women are told to lead their lives. Which in my view is about as restrictive and draconian a lifestyle as anyone can imagine. I cannot be very pleasant. I am going to stitch those tweets together for purposes of getting an inside glimpse at what may very well be the way a huge segment of Orthodox women must live.  

We are taught from a young age that it is our responsibility not to arouse the men. Don't attract attention with your clothes, your hair, your voice. But remember, you're the עקרת הבית. Be a good wife, do what your husband says. 

We try our best. We cut our daughters' hair short, we wear long wide skirts, we don't use our beautiful voices to sing. We move aside for men on the street, we don't drive, we don't involve ourselves in politics. 

We daven quietly in shul, we don't print our faces in magazines, we cover up our young daughters' legs. We swim fully clothed, we sit at the back of the bus, we don't express our talents. We try our best not to arouse the men. 

But this is not enough. The powers to be have decided to further hide women. We shall not speak on the street at all. 

We are now told not to use the internet to network and build successful businesses. Not to post our talented voices/art/dance. Don't be seen. Don't be heard. We try our best, but it is not enough... 

Not enough?! What kind of life is that? Who wants to live like this? Surely not Chassidish Veibel. How many more are there like her?

That   being  said, I’m sure that many – perhaps even most Chasidic women live this way and seem to be satisfied and even happy. I’m equally sure that they will defend what was said at the Assifah as an expression of God’s will. 

I suppose it’s possible to live like that and be happy, One can be indoctrinated to live with some degree of discomfort if they believe it to be the will of God. And be perfectly happy doing it. They probably get a lot of spiritual fulfillment in that belief. Fulfilling the will of God as their leaders interpret it means that God will someday grant them  their eternal reward. 

There is also the sense of accomplishment in raising God fearing children who will carry on their traditions. And there is the Nachas they have from grand children and great grandchildren. They chalk up all these restrictions as necessary in order to live the pure and holy lives they believe these restrictions provides for them. And with all of that they are Sameach B’Chelko – happy with their lot. 

But I suspect that there are more than few women like Chassidish Veibel who would like to lead their lives the way the rest of Orthodox Jewry does. Including most the non Chasidic - Charedi Lithuanian Yeshiva world .women.

Unfortunately the  latter community seems to be increasingly adopting many elements from the Chasidic world. That might make some people happy. But my guess is that a lot of Orthodox women, including Charedi women - are not. 

The Free Exercise Thereof...

Chief Justice, John Roberts (Wikipedia)

It is impossible to overstate the value of a Jewish education. If recent polls with respect to the fate of the American Jew tell us anything – it tells us that.  As I have said what seems like a countless number of times - the over 70% intermarriage rate of secular Jews is clear evidence of it. Not that they are all devoid of a Jewish education, But to the extent that they had any – it was hardly anything near what Orthodox religious schools teach their students. And thus had little if any impact on their sense of Jewish identity in most cases 

It is indisputable to my mind that Orthodox Jewish day schools and high schools are in the main responsible for the stability and growth of the Orthodox Jewish community. I’m not saying that the system is perfect. Not by a long shot. But it is by far better in perpetuating Judaism than any other alternative that has been tried in the past.

One of the most serious obstacles in furtherance of that objective is the high cost of a religious education. If we want our children to get the best education possible in both Limudei Kodesh (religious studies) and Limudei Chol (secular studies) we need to pay for it. Excellence in education does not come cheap. Good teachers are hard to find especially when their pay is much lower than it would otherwise be in other professions. Which is why a lot of very talented people opt not to teach. They need to support their families too. 

That means that high tuitions are a given. Most schools often to not even meet their budgetary obligations. Even with those high tuitions and successful fund raisers.

This the current conundrum. No parent is willing to sacrifice their child to a second rate teacher in a second rate school. And yet  the vast majority of Orthodox Jewish parents cannot afford to pay for it.

If I understand correctly we may very well be in crisis mode. There simply is not enough money generated to meet the deservedly high expectations of Orthodox Jewish parents these days. Orthodox community advocacy groups are scratching their collective heads trying to figure out a solution to this endless and increasing problem.

Among the many things that would help is if the United States would honor its mission of assuring all of its children a free education at public expense. Which is what the pubic school system is all about. But the public school system is not the only place children are educated. There are a lot of private schools that do that too. Each with an additional mission of their own. Some of those private schools religious.

Up to this point in time, the formerly Left leaning Supreme Court held that any public funds given to religious schools would be a violation of the First Amendment. Which in part states: 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… 

The argument being that by giving a religious school money they would in essence be supporting that religion in violation of the Establishment Clause. Even if that money was earmarked and used exclusively for a virtually identical secular studies curriculum to that of the public schools.

I never understood that argument. Because it denies religious students the very educational rights the government has promised to all students. Which should include those that choose a school that adds a religious curriculum to their school day.

Thanks to former President Trump, things have changed drastically for the Supreme Court whose now 6-3 conservative majority sees things pretty much the same way I do. 

In a 6-3 decision on  Carson v. Makin  earlier this week, the court decided to knock down a Mane law that forbade vouchers from being distributed to parents of children in a religious school. Considering it to be a denial of the ‘Free exercise’ clause of the First Amendment. It denied the right of a parent to optimally teach their children their religious values for lack of ability to pay the high costs of tuition. The Maine vouchers were designed for specifically for those parents. The Court ruled that this was discrimination that denied their religious rights.

I could not agree more. Although we are not there yet, my hope is that this will lead to government funding of a secular curriculum in religious schools too. Because if that happens it will help reduce the oppressive financial burden of all tuition paying parents. It might encourage some secular Jews to seek a Jewish education for their own children. Having originally totally rejected the idea because of the high cost. 

I applaud the Court’s decision. And I reject the idea that this is somehow a violation of the First Amendment. Which has always been used to deny the religious population the benefits of any financial government support for their schools.

One of the most unfortunate aspects of this dispute is that the liberal Jewish establishment (consisting of mostly non observant Jews) has been in the forefront of opposition. Liberals see any money going to a religious institution for any reason as a violation of the First Amendment. There is no better example of this than the response of the ADL’s Jonathan Greenblatt (who unsurprisingly is both non observant and liberal). He said the following in a tweet: 

We're deeply disturbed by today's #SCOTUS decision in Carson v. Makin which marks the first time the Court holds that a State must – not may – pay for religious education as part of a tuition program meant to provide free public education for all.

(Deeply disturbed. If only he was as disturbed about the 70% intermarriage rate of his non observant coreligionists. But I digress.) This is in concert of the liberal justices who dissented. As noted by Justice Stephen Breyer:

Breyer said in his written dissent that the ruling could open the door to broader public funding

To which I would respond with a hearty, ‘So what?!’ Even in the unlikely event that it did open that door, it would not be a violation of the establishment clause if every single religion were given the same funding as public schools. The Free Exercise Clause should allow parents to choose a religious school and expect equal support to that of the public schools. That would change nothing with respect to the secular nature of the nation. It instead reinforces the Free Exercise clause. 

I agree with Chief Justice John Roberts who said the following about the law the Court struck down: 

“Regardless of how the benefit and restriction are described, the program operates to identify and exclude otherwise eligible schools on the basis of their religious exercise.” 

I agree with virtually all faith organizations that see this as a win for their First Amendment.  They include the OU whose Nathan Diament said the following:

“A state discriminating against religion — as Maine did in its tuition assistance program — is just as unconstitutional as a state promoting one particular religion,” the O.U.’s Washington director, Nathan Diament, said in a statement. “In today’s ruling, the Supreme Court has advanced religious liberty for all Americans of all faiths.”

Mostly this is a win for all parents of religious schools whose oppressive tuition burden would be considerably lightened.

Thank you SCOTUS.

A Quiet Revolution

Image from the Jerusalem Post

One thing all Charedim have in common, especially in Israel, is how they are seen by the non Charedi public. (Which includes not only secular Jews but even observant Jews referred to as Dati Leumi.) The Charedi world sees the secular world as a danger to their spirituality to be avoided as much as possible.  The secular world sees the Charedi world as insular, unwilling to work, or serve their country. Choosing instead full time study Torah. There is some truth to both contentions.

But a closer look at what is going on in the Charedi world might be surprising. Things are not always as they appear to be. There is change in the air. Charedim as a whole – regardless of which of the many segments they might belong to - are beginning to work in fields formerly closed to them for lack of secular education. These fields are now opening up to them big time. Mostly in hi-tech and communications.  Even though the vast majority of them had no secular education, they somehow managed to overcome that and catch up. And although they are apparently underpaid compared to  their secular counterparts, they nevertheless find success in those industries. By virtue of that, they are actually beginning to integrate into Israeli society as well.  

The truth is that they have no choice. Since the establishment of the state in 1948 their population has grown from from being a tiny minority that lives in their own segregated world and could be ignored - to being a twelfth of total population of Israel. And growing rapidly. The Israeli economy can no longer afford to subsidize a population of that size whose men refuse to work. 

Unfortunately not all Charedim are able to catch up and find jobs in these industries. I’m pretty sure a sizeable number of them simply cannot make up for the skill they lack and could have gotten that a decent secular curriculum would have give them. Which will surely become an increasingly larger one needing government financial aid. That still needs to change. 

But clearly things are improving for a great number of them that can catch up - and do. 

The spiritual dangers they fear rubbing off on them because of increased contact with the outside world are still concerning to them. But necessity is the mother of invention. When good minds are available to work for example in hi-tech fields, needs can - and will be accommodated. It has for example become quite common  to have Charedi men and women working in hi-tech – but in different locations – or at least different rooms. 

Not that there is anything wrong with a mixed gender environment per se. But if one is not used to an integration of the sexes in the workplace (which Charedim are clearly not), it can be quite distracting and less productive. So they are accommodated. And everybody wins.

This slow and quiet change is a revolution of sorts that is not being fought by the Charedi leadership. Not only in the Lithuanian Yeshiva world, but even somewhat in the more insular Chasidic world.

What this also means is that barriers are beginning to break down as more Charedim enter the workforce and find themselves among secular Jews. As they begin to interact some of the negative stereotypes begin to disappear - each side no longer seeing the other as the devil.  

This is a good thing. I’m glad it’s happening to the extent that it is. I still believe their educational system needs to improve so that more Charedim can benefit from careers that are now closed to them. But at least we have what seems to be a growing number of Charedim that are able to overcome that adversity. That not only helps them support them families; contribute to the general welfare, but also helps them become more integrated into society without sacrificing their values.  

What about the ‘Torah Only’ Hashkafa that believes that all men should be learning Torah full time for as long as possible? Unfortunately that is still the standard. Their leadership will continue to instill in their people the idea that the best thing any man can do, no matter what his calling, is to study Torah full time. Leaving their wives to carry the primary burden of having and raising a lot of children - as well as supporting the family so that her husband can  learn Torah uninterrupted for decades without worry. 

Something that I categorically disagree with. I believe God is best served by people pursuing their God given talents and abilities rather than being psychologically straightjacketed willy-nilly into a singular activity. 

If their true talents lie in Torah study, that is what they should do. If they don’t and instead lie in some area then they ought not pursue full time Torah study. They should pursue their talents and serve God that way. This of course does not mean abandoning Torah study completely.  They should set aside regular times for that too. But they should not sacrifice their talents doing by doing something full time that they are not best suited for.  

That’s me. The Charedi leadership sees the ‘Torah Only’ approach as the best way to serve God. No matter where their talents lie. That is not going to change anytime soon. But at least they are not actively fighting the quiet revolution that seems to be going on. Where more than a few are indeed finding their true talents and using them. At least eventually. The more that happens the better off all of us will be. A good demonstration of this cultural change can be seen in the following 26 minute video. It is well worth watching.

HT: Rafi Goldmeier

An Existential Crisis Requires Rethinking Religious Elitism

Not that I agree with everything he says. But there’s a quite a bit of wisdom here. Farley Weiss is quite right about the need to change the trajectory of American Jews leaving Judaism in such huge numbers these days. Not that any of his ideas are news to me. I have said much the same thing. 

What is missing from the masses of American Jewry is Jewish education. If Jews are not educated about what Judaism actually is they have little reason to be Jewish at all. Much less to perpetuate it generationally.

To paraphrase an old  cliché, we can’t even bring the horse to the water - let alone get him to drink it. Most secular Jews know little about Judaism and don’t care to find out. They consider it irrelevant to their lives. That’s why intermarriage is so common  Who cares what religion your spouse is?

There is another aspect to this issue Weiss makes note of that is significant to those non Orthodox parents that do educate our children Jewishly: 

Too many students in Jewish schools are not excited about their Judaism. Even non-Orthodox children going to Jewish schools tend to remain non-Orthodox. I spoke to one such child recently and he told me that no rabbi at the school built a close relationship with him. This, he said, was why he was not inspired to become more religious.

Would that this were the only problem – serious though it may be. Exacerbating this problem says Weiis is that many Jewish schools will not even admit non-Orthodox students.

I had to smile at that last one. Not because it isn’t true. Sadly, it is very true. I smiled because it isn’t just non Orthodox students that aren’t accepted. Religious schools have become so elitist that even good students are rejected because they are not good ‘enough’! Or because their parents aren’t Frum enough. Their child is not getting in. Why? Because they will be a bad influence on the rest of the class.  

And then there are the teachers that give their attention only to the bets and brightest students in their class. I recall many years ago one 8^th grade Rebbe at an elementary school who told his class at the beginning of every school year that those that want to learn – he will teach. Those that do not want to learn he will ignore and leave them alone as long as they do not disturb the class.

It isn’t too hard to see why a lot of these students are not motivated in the slightest to care about their Judaism – even if they are raised in an Orthodox home. I believe that the disconnect from the less motivated students is one of the reasons that some children from the finest of families go OTD.

If teachers are not motivated enough to inspire our own children, how can we expect them to motivated enough to inspire children from non observant homes? Even if we were to start accepting them into our mainstream schools? Which for the most part we are not.

Not that these are the only reasons to explain the phenomenon of Jews leaving Judaism. But surely they contribute to it significantly. 

That being said, I realize that there is no realistic chance of making a dent in the huge number of Jews leaving Judaism. But every Jew counts. and we need to do whatever we can to try and reverse that trend to what evet extent we can. 

Weiss makes note of that our era is not the only one where Jews were opting out of Judiams. This was the case at the time of the Chafetz Chaim.  He spoke about the need to do something about at the Agudah convention of 1923. Twice. The second time after he was criticized for focusing on the importance of outreach. The prevailing thought in the Charedi world then – as now - is that before we reach out to others, we must first fix ourselves.  But this, said the Chafetz Chaim, is wrong headed. when Jews are hemorrhaging out of Judaism you don’t look away and talk about how we can improve our own religious lives’. You act!  When people are drowning you don’t focus on Tznius.  Anyone who does is called a Chasid Shoteh - a righteous fool! By the same token when Jews are leaving Judaism, you don't focus on how terrible it is that some woman wear Shaitels that are too long.

This is what the Chafetz Chaim’s message was then. and it still resonates today.

We need to return to a time where religious schools were more open. And we need to reject the new elitism that plagues religious schools today. This is not a Chiddush - a never before thought of possible remedy. I recall two incidents where great religious leaders made this very point.

One incident was where a Charedi school principal in Israel asked R’ Aharon Leib Steinman whether he needed to accept a Sephardi girl into his Ashkenazi Beis Yaakov. His claim was that this girl’s home situation did not comport with the religious standards of his school and worried how that would impact the other students were she accepted. R’ Steinman famously scolded this principal accusing him of elitism and hubris yelling, ‘Geivah, Geivah, Geivah’. Implying that all this principal really cared about was the elitist reputation of his school. 

The other incident involved a Torah U’Mesorah convention where at a meeting one Mechanech (educator) stood up and defended the elitist approach of his school where only parents whose religious standards aligned with the school were accepted. Telshe Rosh HaYeshiva, R’ Avrohom Chaim Levine, ZTL stood up and responded that if that were the attitude back when he was a student, many of the highly respected educators attending that convention would not be there. And might not even be religious having come from nonobservant homes.  Instead they were accepted and were inspired by their religious teachers to become observant and to be who they are today

I believe that this is what Weiss is looking for. Unfortunately I don’t think it’s going to happen any time soon. If ever. Because as far as I can tell we are going in the opposite direction.

Parental Values Should Not Be Contradicted by the Schools

A while back I discussed the issue of transgenderism. Which is the phenomenon of someone feeling that they were born the wrong sex. I had linked to a lecture by Rabbi Efrem Goldberg  whose unique insight informed us about the complexity of this issue.

One of the things Rabbi Goldberg made abundantly clear is that this is a serious condition that, although relatively rare, was a lot more common than most people had originally thought; that there are observant Jews that feel this way and that want to know if they could Halachicly change their sex.

The answer was that they may not. But there is some question about how far the prohibition goes. It is well known among mental health professionals that transgender people have a very high suicide rate. If someone feels they cannot go on living in a body that does not align with their self perception and threatens suicide, does that override the prohibition of changing one’s sex? 

I cannot answer that question. But I pose it to show how serious this issue is even among observant Jews that are religious enough to ask a Shaila about it.

Leaving aside these Halachic issues, it is imperative that we have compassion for people with gender dysphoria.  Which is described on the Mayo Clinic website as follows: 

A diagnosis for gender dysphoria is included in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), a manual published by the American Psychiatric Association. The diagnosis was created to help people with gender dysphoria get access to necessary health care and effective treatment. 

The current societal attitude is that transgender people ought to be treated exactly as the sex they believe they are  regardless of which sex they were born - whether they have sex reassignment surgery or not. 

This new social construct raises serious challenges for observant Jewry. How are we to reconcile a religious view that sees sex reassignment surgery as Halachicly problematic with the current culturally positive approach that considers it a simple matter of the personal right to choose to be whatever sex we want to be? 

Making matters even more complex are advocacy groups that seeks a government mandate for schools to aggressively teach their values to our children at the earliest possible opportunity. Regardless of how a parent might feel about it - even it is from a religious perspective

This last issue is discussed by Scott Yenor in a First Things article with which I pretty much agree. Certainly the state has an obligation to teach values they consider moral by societal standards. But what if those values conflict with the values of the parents? This is where Yenor weighs in: 

The transgender movement strains the parental rights framework. In some cases, appeals to parental rights function as a limit on practices shaped by gender ideology that are harmful to children. For instance, Florida’s Parental Rights in Education Bill appeals to parental rights to limit instruction on sexual orientation or gender identity in public schools. The bill states that such instruction “may not occur” in kindergarten through third grade in public schools. In this case, the bill’s acknowledgement of parental rights carves out a sphere of parental discretion on sexual identity (parents can, after all, still teach their children gender ideology in their homes, if they wish) within a broad grant of power to the state on other curricular matters. 

Personally I believe parental rights need to go far beyond the 3^rd grade.  The idea that a school can teach children that changing ones sex is a matter of personal choice is in my view an extremely harmful departure from what a school should be doing.  Even if they do it as delicately as possible with as much input from medical professionals as possible. The idea of instilling a values like that into the mibds of children whose parents want to raise them with their own religious values is abhorent to me. 

This s categorically different than the right of a state to teach children the kinds of skills typically learned in schools that will help them function as productive members of society. That - as most people known is something I emphatically support. 

However, indoctrination children with values that are anathema to a religious parent is a horse of an entirely different color. Even if those values are considered normal by current societal standards. This is not to say that tolerance and compassion of people that have gender dysphoria should not be taught. It should be taught at a n appropriate age. But what the transgender movement wants - goes too far by orders of magnitude in my view. 

Gender dysphoria is not as a lifestyle choice made relatively easy by simple surgery. It is a serious mental condition. The government should treat it that way. 

Just my quick thoughts on the subject.

What Jewish Education Should Look Like

Arie Crown 8th grade Kumzits - Bill Ridick in center (Mishpacha)

Mishpacha Magazine beat me to it. 

Most readers  know my views on Jewish education. The long and short of it is that an ideal educational institution should have a strong curriculum of both Limudei Kodesh (religious studies) and Limudei Chol (secular studies). And with rare exception - one without the other makes for a deficient educational experience. Without belaboring that very important point - there is another very important aspect to Jewish education: Midos (character) development.

There is little doubt in my mind that a lot of religious schools that do not live up to these three very important elements. Even if there is a decent secular studies curriculum, Midos development  is not sufficiently impressed upon the students in a great many schools. 

I personally witnessed what can only be described as a Chilul HaShem committed by fellow classmates in 9^th grade. I recall an English teacher that had a nervous facial tick that was relentlessly ridiculed by my classmates – sometimes to his face! These were all students from religious homes – most (but not all) of them Charedi.

That was over sixty years ago. About 20 or so years ago, a friend of mine who was then the English principal of a Charedi high school (and is also a Talmid Chacham) told me what he witnessed in his school. Students there were relentless in their disdain, ridicule, and Chutzpah toward a secular studies teacher while expressing near God-like reverence for their Rebbeim (religious studies teachers). When he asked one of those students how they could behave that way, he received an answer along the following lines: He’s a goy and must have certainly violated on of the Sheva Mitzvos Bnei Noach (7 Noahide laws) for which he is Mechuyiv Misah - the death penalty. So he certainly deserved at least their ridicule.

That principal spoke to the Roshei Yeshiva and they said they would do something about it. He no longer works there. and I have no clue what their high school students are like now. But even if there has been an improvement, it was not because they had those Midos instilled in them in their homes and/or their elementary schools. What it shows is a pattern of disparaging non Jews and teaching them the kind of things about them that result in a response like that of the abovementioned student.

I am obviously both disgusted and angered by this behavior. But not all religious schools are like that. 

Full disclosure first  My son in law is the Hebrew principal of the school I am about to talk about. So I admit to a certain degree of favorable bias toward the school. But facts are stubborn things regardless of any bias. So here goes.

I have spoken about Chicago’s Arie Crown Hebrew Day School (ACHDS ) before. They are close to the epitome of what a religious elementary should look like. They have got it all: strong Limudei Kodesh and Limudei Chol curricula with a strong emphasis on Midos. 

Now a lot of religious schools say they do the same thing. Maybe. But  I don’t think they do it as well as Arie Crown does. One may recall the obituary I did for Rabbi Meir Shapiro, the long time principal of Arie Crown until his retirement at age 70 (About 15 years or so ago). 

Midos was number one for him. One of the things he did along these lines was teaching every student to stand up when an adult walks into their classroom – whether a parent, a Rebbe, an English teacher, or even the janitor. I have to wonder how other day schools feel about giving the same respect to a janitor as they do to a Rebbe.

Arie Crown’s policy of strong emphasis on Midos development did not end with Rabbi Shapiro’s retirement. The story I am about to share is not me trumpeting my bias. It is Mishpacha. If I am biased in favor of Arie Crown, the same cannot be said for Mishpacha. Arie Crown is not a Charedi school per se. Although most Rebbein their are Charedi, not all of them are. 

It is a school for all segments of the Orthodox community - from Charedi to Modern Orthodox. Boys and girls are taught in the same building (but separate classes). I don’t think there are too many Charedi schools like that - if any. Still, there are quite a few Charedim in the parent body. 

I therefore salute Mishpacha for featuring this story in their pages last week. A Kiddush HaShem remains a Kiddush Hashem no matter where it is found.  This story shows that the legacy of Rabbi Shapiro is alive and well - carried forward by his successors. What follows is the story in full and I couldn’t be prouder: 

Among the proud parents and siblings who came to celebrate with the eighth grade graduating class of Chicago’s Arie Crown Hebrew Day School, one guest stood out.

“Wait,” whispered one staff member to his colleagues. “Is that Bill?”

The others squinted. Could it be?

They approached him, and, sure enough, it was Bill, a bus driver from Washington, D.C. He approached the group of eighth graders, and hugs and backslaps were shared all around.

What brought a bus driver from the nation’s capital to a yeshivah graduation in Chicago?

About one month ago, Arie Crown Hebrew Day School took its eighth-grade class to Washington, D.C. for a graduation trip. The hours on the bus left the boys lots of time to get acquainted with their bus driver, one Bill Ridick. The boys’ engaging personalities and middos tovos captured the bus driver’s heart, and the rides were soon filled with fun, laughter, and much conversation. When the trip ended and the bus pulled up to the airport, the boys and the bus driver bid each other a very emotional farewell, not expecting to see each other again.

Except they would. One month later, Bill surprised the boys by showing up at their graduation. He’d witnessed firsthand what kind of education these boys got and wanted to celebrate this special milestone along with them.

Following the graduation there was a kumzitz. The graduates linked arms with their rebbeim and sang, joined by a bus driver from Washington. He may have been an outsider, but when it came to appreciating the heights these boys had reached, he had inside knowledge.

UK Charedim Ought to Stop Championing Ignorance

200 Charedi protesters gathered outside Parliament (JC)

I can understand why the Charedim that call the Stamford Hill section of London their home - would object to teaching matters they consider morally objectionable. This is the essence of a protest by a group of 200 Charedim outside British Parliament. 

While this protest was not official and was attended by the more extreme element of that community, their motives are the same as that of their leadership. Which is to get OFSTED off their backs and let them teach their children as they see fit. 

They were protesting the Department For Education’s new rules which - as noted - they consider morally objectionable. OFSTED is The Office for Standards in Education, Children's Services and Skills - a non-ministerial department of the UK government, reporting to Parliament. 

The Charedim of Stamford do not discuss matters of sex at all and certainly not matters of sexual orientation. The government is requiring them to do exactly that. Charedim claim  to have the right to handle these matters in any way they see fit. As long as it doesn’t violate the law or hurt others.

The UK wants to protect the LGBTQ community from discrimination. Like the US - the current spirit of the times has normalized LGBTQ people to the extent that the manner in which they typically engage in sexual relations is morally equivalent to the way heterosexuals engage in it. This obviously goes against the teachings of the Torah.

But I am not convinced that this is what the government really wants. If I understand correctly they want Charedi schools to teach tolerance and acceptance of these people. That they should treated with the same dignity as heterosexual people. That is not only NOT against the Torah. It is actually quite in consonance with it – as I have explained many times in the past. 

That this is what the government really wants is indicated by the fact that Ephraim Mirvis, Chief Rabbi of the UK issued guidelines for compliance that are acceptable to both the Torah and the.

This means that what the Charedim of Stamford Hill are really protesting is their own narrow approach to the subject. Which in essence is that sex and sexual orientation is something that is never discussed. Certainly not taught to class filled with young students.  

That easily leaves the impression that not only do they condemn the sin, they condemn the sinner even if he never actually violated the prohibition expressed in the Torah. Their very identification as gay or trans makes them pariahs to be shunned. 

Like I said, I understand why they are so upset and protesting. But let us not make the mistake that all of Orthodoxy feels the way they do. This attitude about sex and LGBTQ pertains mostly to this community. Especially that portion of it that is Chasidic. I don’t know what pereentage of them are Gerrer Chasidmim. But it is no secret that Ger’s approach to matters of sex is extreme. I am told that when the Steipler was shown a copy of Ger’s guidelines for sexual relations he just about had a cow!

That being said, I think they are protesting more than just that. They are protesting the same thing Agudah and company are protesting in New York. Which is the right to deny their children a basic secular education. Thereby keeping them ignorant about things that matter in the world. Things  which the civilized world needs to know in order to function in the world. Including the ability to get jobs requiring more than the unskilled labor that they are capable of. Jobs that are low paying. 

Their purpose is to avoid any assimilation at all into the general culture, considering it all foreign to Jewish values and to be avoided as much as possible. Keeping their people illiterate, innumerate, and ignorant helps accomplish that . But it also places them at a disadvantage in their ability to better support their families.

It not only makes a mockery of Judaism in the eyes of non Jews, it  negatively impacts secular Jews who might consider investigating their Jewish heritage if they didn’t see the Chasidic culture as illiterate, innumerate, and ignorant.  Even as they might admire the family values and  joy they see in that culture - it would be rare, I think, for any educated secular Jew to want join a society like that. But I digress. 

What makes this particular protest so upsetting to me are the things some of the protesters said: 

Moshe Mayer Sterngold said the threat “reminds us of the dark days of the Spanish Inquisition” 

 “I have just spent two hours with one survivor, who was actually in the crematorium,” Gratt told the London-based Jewish News.

“Over the last week I have spoken to other survivors, they all feel scared and intimidated by the language the is in the Schools Bill. We have to stand up for our rights,” he said. 

I don’t think it is an exaggeration to say that this kind of rhetoric is way over the top and undermines their cause. 

They are threatening to leave the UK. That is of course their right. But where are they planning to go? New York? Israel? New York is not going to give them what they want anyway if they can help it. And their antipathy for the Jewish state will surely not lead them there. If they are thinking of going to Chicago or Detroit - they are not going to find any schools that do  not offer a secular curriculum there. This is an empty threat. They may go underground. But they do that at their own peril. It is not ideal Chinuch to teach your children clandestinely in ways that are illegal - Especially when there are other religious schools that comply with the law.

I just can’t get over an educational philosophy of purposeful ignorance. A philosophy that the majority of Orthodox Jewry completely reject. In their zeal to be different and apart even from their own fellow observant Jews - they seem to be willing to go to the ends of the earth to accomplish it. I understand the need to hold on to tradition. And most of the time I agree with that. But when a tradition begins to hurt the material welfare of so many of them, it is time to rethink that particular tradition. 

It’s time for them to reconsider their extreme isolationist ways. Just because there are a substantial number of wealthy Charedim and Chasidim among them, doesn’t mean the majority is thriving. Behind their outwardly positive demeanor may lie a discomfort with the poor education their children receive.  

It also means that any respect they currently get for their successful lifestyles despite their iconoclasm - will rapidly deteriorate. As time passes they will become less prepared for the jobs requiring a decent secular education, less capable of dealing with technological advances, and less capable of properly dealing with the evolution of social mores that differ from theirs. 

With respect to their concerns about the new LGBTQ requirements, it would be far wiser for the Charedim of Stamford Hill to take a page from Rabbi Ephraim Mirvis and learn how to make compromises that do not contradict Halacha. Even though it would change the attitudes their ancestors brought with them from Europe. They should consider it an Eis Laasos – a time to act for purposes of their very existence in the evolving world in which we all must live.

May the Memory of the Wicked Rot!

Shlomo Carlebach’s first album - circa 1959 (popsike)

It seems pretty clear to me. Anyone that sexually abuses another human being is not fit to reside among the living.  It doesn’t matter whether they have guilt after the fact or are  simply sociopaths who could not care less about the well being of others. In all cases they are sick human beings that - guilt or not - are to one extent or another sociopaths. They are willing to destroy the lives of their victims for their own distorted sexual gratification. 

Needless to say, it doesn’t matter what their station in life is. Whether they are great rabbis with many adherents, or philanthropists that have funded many religious institutions without which they would cease to exist. Nor does it  matter how influential they are or how great their non financial contributions might be. People who use other human beings for their own sexual gratification do not deserve to see the light of day, much less idolized for any contributions they make. No matter how great those contributions might otherwise be.

But what if…

What if those non financial contributions are so outsized… so gigantic, so widely popular among all strata of Jewry worldwide - that it is impossible to eradicate? Such is the case with the late Shlomo Carlebach, who died almost 30 years ago at age 69.

To be honest, I am not such a fan of Jewish music. I find the melodies to be repetitive. 

Not that I hate them. But with few exceptions, after awhile they all begin to sound alike and a bit boring. But in the case of Carlebach whose melodies were structured pretty much in the East European style of folk music, I have to admit I do enjoy it a bit more than most of the rest of what passes for Jewish music. 

What is unique about Carlebach is that his pioneering contribution to Jewish music is unparalleled and likely to remain so for eternity. No other composer of Jewish music – past or present comes anywhere close. I think there is just about universal agreement about that even among today’s top composers and performers of Jewish music.

Carlebach’s hundreds of compositions are so prolific, so popular, so widespread that they are employed by Sheluchei Tzibur (cantors) all over the world. His songs can be heard even in Conservative synagogues and Reform Temples. 

Making things complex is that fact that a lot of people don’t know about the accusations of abuse against Carlebach. Especially people in the more closed environments of the Charedi and Chasidic world. Making things even worse (by far) is that fact that a lot of Sheluchei Tzibur who incorporate his melodies into their repertoire aren’t even aware that they are Carlebach compostions. His tunes have been used in this way for decades by a great many people.

 Carelebach has also become a near cult figure among some. There are actually some shuls that have what they call a ‘Carlebach Minyan’- where the Shaliach Tzibur and the attendees sing (and even dance along!) to exclusively his music. He was even a cult figure while still alive having inspired many young people to become more observant. He was a great story teller in this regard and had many followers and admirers.

 Another problematic aspect of Carlebach is his famed hugging of fans - including women. Which is considered against Halacha - certainly among Carlebach’s ‘Charedi peers. (He claimed he was hugging their souls). Despite this, his music was given a pass by perhaps the greatest Posek of his generation, R’ Moshe Feinstein. He permitted the use his music considering it separate from the man and his actions. Although I’m sure that when R’ Moshe wrote that Teshuva (which did not mention Carlebach by name) he was unaware of the sexual abuse allegations that surfaced many years later after his death. Point being that even if someone knows about those allegations they kind of have ‘permission’ to ignore them with respect to using his tunes. 

Considering all of these facts, I think it is impossible to erase his name much less his music. To this day he is lionized by the Jewish music industry – recognized for the pioneer he was. It is quite possible that without Carlebach there would be no such thing as Jewish music as we know it today (If you think Jewish music is terrible now, you should listen to the stuff that was coming out before Carelbach. It was pretty pathetic!)

This brings me to a story reported in Arutz Sheva. His alleged victims have finally gotten around to suing Carlebach’s estate for partial compensation. I agree with Rabbi Yosef Blau, the Mashgiach Ruchani of Yeshivas Rabbeinu Yitzchak Elchanan (YU), who said the following: 

We should stand with the alleged victims of sexual abuse and harassment even though the alleged abuse happened 30 plus years ago and he has since died - the same as if the alleged abuse was perpetrated yesterday. 

They surely deserve to be compensated for all the mental anguish he caused them – which they probably continue to suffer to this day. I can’t imagine what it must be like for a survivor of his abuse to hear his tunes being utilized by a Shaliach Tzibur in a Shul. Or by the band at a wedding or Bar Mitzvah. If you are an Orthodox Jew it is almost impossible to avoid his music these days. 

It must also be more than frustrating to hear the praise heaped upon him to this day by people in the Jewish music industry, or the icon status he is given by fans that do not believe the accusations. 

On the other hand, some Carlebach devotees take serious umbrage at those accusations - denying it was even possible for their icon to have done the things he is being accused of.

The point of all this is that I don’t think there is anything we can do about it. The Gemara tells us: Shem Reshaim Yirkav - May the memory of the wicked rot! (Yoma 38b). But Carlebach’s influence remains pervasive and near impossible to avoid. His music is beloved by a huge swath of Jewry in all denominations all over the world. And will forever be associated with his name.   

I do know a few people that try and boycott venues that use his music. Or walk out if they unexpectedly hear it . But they are very small in number and do not make any dent at all in the way his music is so widely accepted. 

I’m sure that survivor advocates would like to see that change. It probably should. But it ain’t gonna happen. 

At least, though, the next time someone enjoys his tunes wherever they might hear them – whether in a Shul, a wedding, a Bar Mitzvah, or a concert, they should at least feel a little bit of guilt about it. I sure do.

The Battle Between Civil and Religious Rights Continues

An LGBTQ rally outside YU earlier this year (Jewish Press)

Just when you thought religious freedom has won the day it has had its teeth kicked in by a decision of judge in New York City. Hopefully it is only a temporary setback.

One of the victories achieved for religious rights in the recent past was when former President Trump appointed 3 conservative justices to the Supreme Court. Which gave the court a 6 – 3 conservative majority. I believe this will result in better protection of religious rights. The recent leak of  possible reversal of Roe V Wade is as example of that. Even though I am in favor of keeping abortion legal (for reasons beyond the scope of this post) the potential reversal shows that religious values still have standing.

Abortion rights are not the only issue impacted by the makeup of the Court. So too is the issue of LGBTQ rights versus religious rights. The latest of which involved a dispute between the civil rights of the LGBTQ community and YU (Yeshiva University). From the Forward: 

A judge ruled Tuesday that Yeshiva University must formally recognize an LGBTQ student group, handing victory to advocates who said the school’s failure to foster an inclusive environment on campus amounted to discrimination.

Judge Lynn Kotler of the New York County Supreme Court ruled that YU was in violation of the New York City Human Rights Law by denying recognition and equal accommodations to the YU Pride Alliance, whose members brought the suit last April.

She ordered the university to immediately grant the YU Pride Alliance “full and equal accommodations, advantages, facilities, and privileges afforded to all other student groups” at the school. 

Her ruling rejected the university’s claim that it is a religious corporation, and therefore exempt from the city’s nondiscrimination laws. Kotler wrote that YU’s own descriptions of itself — in its charter, public messaging and applications for state funding — deem it an educational institution that must abide by these laws.

“Yeshiva is either a religious corporation in all matters or it is not,” Kotler wrote.

Furthermore, citing precedent, the judge held that forcing YU to recognize the Pride Alliance did not violate the school’s First Amendment rights because “formal recognition of a student group does not equate to endorsement of that group’s message.” 

The lower courts obviously still have plenty of liberal justices that rule in favor civil rights over religious rights. I hope that YU appeals that decision all the way up to the supreme Court if necessary. The majority conservative justices there will hopefully reverse Judge Kotler’s decision. 

First let me reiterate what I have said what seems like a million times. Which is that LGBTQ people deserve to be treated with the same dignity that all other human beings are. Having been created B’Tzelem Elokim - in the image of God. 

People that have same sex attractions cannot help who they are attracted to.  And those who sincerely believe they were born the wrong gender are not doing so to be difficult. They are usually in great emotional pain. Depression is common and Suicides are very high in the LGBTQ community. 

Any attempt to ridicule or in any way put them down is a cruelty that no human being should ever inflict on another human being. Those who do may very well be responsible for the death of an LGBTQ person by suicide!

However, treating LGBTQ people with respect and compassion is a far cry from normalizing that lifestyle. LGBTQ activists seek complete equity in all respects of a lifestyle conducive to behavior the bible considers to be worthy of execution by a Beis Din if they were warned by two witnesses

If one respects the values of the bible (and the Quran for Muslims) - which all believing Jews, Christians, and Muslims do - one cannot support the normalization of a lifestyle that rejects those values.  Placing an imprimatur on an organization that normalizes sinful behavior is a rejection of those values.  

With respect to YU, a conservative judge could have easily ruled in YU’s favor. 

Judge Kotler’s argument that YU is not a religious corporation but an educational institution is a false dichotomy. It is both. That it is religious is inherent in its very name. A Yeshiva by definition is a religious institution. That its charter says it is an educational institution does not contradict that. Religion and education are not mutually exclusive. 

Denying equal accommodations to an LGBTQ to form a student organization is an extension of their religious rights. Rights which dictate that an organization whose members see sinful behavior as perfectly fine ought not to be supported. Their individual rights are not being denied in any way. 

Her second argument is that allowing LGBTQ people to have their own student organization with all rights and privileges granted to other student organization does not necessarily mean they endorse their message.  Thus, says Judge Kotler, YU's religious values are not contradicted by accommodating them

Don’t they though? If they are given equal rights and privileges to – say - a weekly Chaburah of Lomdei Torah, what is the onlooker to think the message is if they are both treated the same way? Who is she kidding?

Like I said, I hope this decision is appealed all the way up to the Supreme Court if necessary and that the conservative justices there see fit to honor the rights of religious institutions who wish to implement policies that reflect their values. Not policies that contradict them.