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| Israel's Supreme Court to hear challenge to gay adoption law (TOI) |
One of the primary reasons for supporting judicial reform in Israel is the inordinate power the Supreme Court has arrogated to itself. That is not news. It is no secret that the country is divided between right and left on this issue. With the right currently in power the left has been screaming bloody murder over any proposed change in the court’s power. Seeing it as the only check and balance Israel has over its legislative body – the elected Knesset.
The issue of gay adoption is before the court right now. Which is an example of why it should not be granted such power. Although the left would say that is precisely why the court should have that power.
Except for rare exceptions, current Israeli law forbids a gay couple from adopting children. A bill was submitted to change that law and allow same sex adoptions, But it was defeated 45 - 37 by the Knesset. Only one coalition member (who is openly gay) voted in favor of it. It was however a challenge endorsed buy the IMA (Israeli Medical Association):
The Israeli Medical Association released a position paper Wednesday supporting the rights of same-sex couples to adopt. The organization cited overwhelming amounts of academic and clinical research indicating that the placement of a child in a loving and supporting home regardless of the sexual orientation of the parents is in the best interests of the child.
Like I said, I get it and sympathize with this point of view. How can anyone be against the ‘best interests’ of a child? What could possibly be wrong with a loving couple adopting a child just because they are gay?
Indeed, the entertainment industry - never shy to promote the LGBTQ agenda - has been featuring gay couples in many of its dramas. Portraying them as – not only as normal, but usually more moral and ethical than the show’s staright characters. That is a a reflection of the realities of life today. I’m sure that a gay couple can be loving ‘parents’ to an adopted child.
And yet just like the majority of the Israeli Knesset I too am opposed to a gay couple adopting a child. Not because it will harm the child emotionally or physically. But because it will harm him spiritually. Which is why I am equally opposed to gay marriage.
I have no quarrel with people that are attracted to members of the same sex. I understand that in most cases this isn’t a choice but a natural inclination that cannot be changed. Whether it is nature or nurture is therefore irrelevant.
This does not mean that Halacha which is explicitly stated in the Torah should change. What it does mean, however, is that they may not be judged – even if they might engage in the prohibited sexual acts associated with being gay. As I constantly say Halacha requires they be treated with the same dignity that all other human beings are treated.
But that does not mean it must be celebrated. The LGBTQ community does celebrate being gay - rejecting the biblically strongly forbidden nature of sexual intimacy associated with gay couples.
If one does not subscribe to this philosophy for religious reasons they have a right to demand that society’s laws reflect that. Society should not place its imprimatur on gay sex since it violates our religious values. Religious Israelis have a right to demand that their values be reflected in the law of the land. Just as Israeli LGBTQ advocates feel they have the right to see their values reflected in the law of the land.
Therein lies the problem and where the Supreme Court comes in. A liberal court will side with the rights of LGBTQ people even if the national consensus does not – seeing their view having the higher moral ground. The court will cite the IMA’s advocacy as proof of their superior position and overturn the rights of the majority whose values are more in concert with religious values. Their children will be raised to see their parents as more moral than the Torah that forbids acting on same sex impulses. This is not the message that the ‘people of the book’ should be promoting - or teaching their children.
I understand the humanitarian issues at stake. Gay couples can indeed raise their children to become decent and productive adults. But they will be raised to reject the Torah’s teaching on this subject. Thereby hurting their spirituality. So as much as I sympathize with the the IMA’s findings and their concern for the well being of children that would benefit from an adoption, I cannot in good conscience support gay adoptions. Nor would I want Israel’s Supreme Court to take away the rights of the Knesset majority to protect that standard. Which is what the majority of the Israel’s elected representatives would lose if the Supreme Court has its way:
“We understand that there is absolutely no prospect that this will come to legislation,” Vogelman said, according to the Ynet news site. “We are once again at a crossroads where… an interpretive decision cannot be avoided.”
Interpretive in this case is a code word for siding with a world view that is not in concert with the will of the people. A side I get - but one which I cannot support. Nor should anyone that believes in the Torah - and that the will of the people should always prevail over liberal politics.
*Inaccuracies in this post have been corrected
