The Jerusalem Post
Jpost search icon google-icon iphone
  Set as Homepage
Wed, May 22, 2013   13 Sivan, 5773
newspapers magazines
 
    • Breaking News
    • Diplomacy & Politics
    • Defense
    • National
    • Mideast
    • Syria
    • Iran
    • World
    • Business
    • Sports
    • Health & Science
    • Environment
  • Video
  • Opinion
    • Columnists
    • Editorials
    • Op-Eds
    • Letters
  • Jewish World
  • Lifestyle
    • Arts & Culture
    • Food & Wine
    • Travel
  • Features
    • Insights & Features
    • Week in review
    • On the Web
    • Shalva Superheroes
    • Obama in Israel
  • Blogs
    • In the news
    • Judaism
    • From the Middle East
    • Lifestyle
    • Aliya
    • Science and Technology
  • JPost Apps
    • iPhone app
    • iPad app
    • Android app
    • Twitter
    • Facebook
    • RSS feeds
    • JPost Toolbar
    • JPost Newsletter
    • JPost Alert
  • Premium Zone
    • The Jerusalem Report
    • The Experts
    • 20 Questions
    • e-paper
    • Ivrit
    • Christian Edition
    • Dash
    • Magazine
    • Metro
    • In Jerusalem
  • French
    • Politique & Social
    • Affaires Palestiniennes
    • Diplomatie & Monde
    • Art & Culture
    • Israel
  • Green Israel
JPost Learn Hebrew  
Advertise with us  
Nefesh Guided Aliyah  
Eldan  
AFMDA  
Africa Israel Group  
Isram Group  
Kupat Ha  
JPost Twitter  
JPost Facebook  
Classifieds  
         
 
 
    
Breaking News
 
 
  • JPost.com
  • Opinion
  • Op-Ed Contributors
 

Jews should support gay marriage

By ELIYAHU FEDERMAN
LAST UPDATED: 01/11/2012 22:26
Tweet

Rick Santorum’s recent statement that marriage is a privilege rather than a right is wildly untrue.

Gay marriage
Gay marriage Photo: REUTERS
Rick Santorum’s recent statement that marriage is a privilege rather than a right is wildly untrue. Perhaps he sleeps better at night believing that he is denying people a mere privilege?

In 1967 the US Supreme Court issued a ruling in Loving v. Virginia (388 US 1) that overturned a ban on interracial marriage and pronounced marriage a “basic civil right.” Other subsequent cases recognized marriage as a fundamental right. In striking down a gay marriage ban in 2008, the California Supreme Court called same-sex marriage a right in its argument that the government cannot deny one the fundamental right to marry simply on the basis of gender. Chief Justice Ronald M. George stated in the opinion:

“Our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly to care for and raise children does not depend upon the individual’s sexual orientation. ...An individual’s sexual orientation – like a person’s race or gender – does not constitute a legitimate basis upon which to deny or withhold legal rights.”

Supporting the right to do something does not mean one has to support the actual activity. One can support the legalization of marijuana without supporting smoking marijuana, just as one can support the First Amendment right of the Klu Klux Klan to demonstrate while at the same time condemning their ideology. I support the right of adults to drink alcohol to their heart’s content (or to their liver’s failure), but I do not support alcoholism. Is this hypocrisy?

Of course not, because one should recognize that in a free society, believing in someone’s right to do something does not mean you have to support what they are doing. The distinction is similar to recognizing the difference between personal beliefs and what should be public policy.

WHY CAN’T politicians like Rick Santorum and Mitt Romney support the right to gay marriage without supporting gay marriage itself? As a religious Jew, I support the rights of gays to marry and receive all rights attendant to marriage. According to the literal dictates of biblical law, homosexual relations, lobster, pork and interfaith marriage between a gentile and a Jewish person are forbidden, but no one would oppose a person’s right to engage in any of those activities.

Nevertheless, many religious organizations and politicians single out gay marriage as an exception. None of these organizations or politicians would support a ban on interfaith marriage or the use of condoms, or lobby for legislation forbidding people to eat at Red Lobster, despite these activities being forbidden according to a strict interpretation of biblical law.

Atheism is also as much against their religion as homosexuality is. These organizations and politicians would not oppose the constitution’s No Religious Test Clause, which states that “no religious test shall ever be required as a qualification to any office or public trust under the United States,” despite the biblical prohibition against atheism. They should not oppose gay marriage, either, despite the biblical prohibition against it.

Religious people and politicians who oppose gay marriage on religious grounds make a huge mistake by failing to recognize the distinction between supporting civil rights and supporting the act itself, and they are hypocritically attempting to impose a cherry-picked biblical law regarding homosexuality on the rest of society.

Whom someone wants to have sex with, and, according to the recent trend of jurisprudence and legislation, the gender of the person they want to marry, has no bearing on the constitutional right to marry, even if certain religious organizations and political parties do not support those personal choices. Religious people and politicians should be comfortable supporting same-sex marriage equality rights without having to personally sanction the union itself or downplaying the notion of marriage as a mere privilege.


The writer is vice president and chief legal counsel at 1Saleaday.com. He graduated law school in New York, where he served as an executive editor of the law review. He received his rabbinical training at the Rabbinical College of America.
  • Send
  • Large
  • Small
  • Print
  • Share
Most Viewed in
1
Jordan’s king trying to play on Israel’s fears
2
No holds barred: Was the Holocaust punishment for sin?
3
Storming the Bastille of Israel’s religious bureaucracy
4
The American frienemy
JPost Community
Tweet
Rick Santorum Red Lobster US Supreme Court Chief Justice Ronald George Loving vs Virginia gay marriage
Share this article
Tweet
Share
Send
Your comment must be approved by a moderator before being published on JPost.com. Disqus users can post comments automatically.

Comments must adhere to our Talkback policy. If you believe that a comment has breached the Talkback policy, please press the flag icon to bring it to the attention of our moderation team.
JPost Services
conferenceConference
newsletterNewsletter
iphoneMobile Apps
kotelcamKotel Cam
kolboJPost Alert
premiumPremium
JPost TV News  
Mobile Apps  
Bank Hapoalim  
Meir Panim  
Yad Ezra  
Rambam Hospital  
TourLuxe  
Zev Goldstein PLLC  
Penrose Gallery  
JPost Premium Zone  
JPost kotel Camera  
         
 
Israel Focus
JPost TV News
Coming soon to a screen near you!  
Nefesh B'Nefesh Guided Aliyah
Already living in Israel? Enjoy the Benefits of Aliyah!  
Give "Freedom" this Passover
to needy Israeli families. Donate now  
War Threatens
Protect the People of Northern Israel  
Intelligence Squared
The international debate forum, announces it is coming to Israel  
Bank Hapoalim
Israeli's number one bank  
Jerusalem Post Lite
Lite Edition of the Jerusalem Post for English improvement  
Learn Hebrew with us
Get 10 minutes free personal coaching in Hebrew through phone or Skype  
JPost newspapers
Sign up for the JPost newspapers and receive one month free subscription  
Kosher English Magazine
English language weekly magazine - especially for religious people  
JReport Kindle Edition
Now you can get the Jerusalem Report directly to your Kindle  
JPost Premium Edition
The very best articles are available only in our Premium edition  
Lifestyle Magazine
 
 
Real Estate
Don't Look For a House!
In Israel, our website will do it for you!  
 
Travel
Eldan Rent a Car
20% off all Car Rental Reservations in Israel  
Hertz Car Rental
Special Online Discounts!  
The King David Jerusalem Hotel
One of the world's truly iconic hotels, and a Jerusalem landmark  
 
 
 

Sites Of Interest:

Jerusalem Hotels
KKL-JNF
Poalim Online
BreitBart.com
Our Friends
Jerusalem Attractions
Jerusalem Tours
itraveljerusalem.com

JPost sites:

Learn Hebrew
The Jerusalem Report
Our Magazines
JPost Edition Francaise
Green Israel
Christian World
Jerusalem Post Lite

Services:

JPost Mobile Apps
JPost Premium
JPost Newsletter
JPost Toolbar
JPost News Ticker
JPost RSS feeds
JPost Archives
JPost Alert
JPost Kotel Cam

JPost Conferences:

NYC Conference
Diplomatic Conference

Information:

About Us
Feedback
Staff E-mails
Copyright
Sitemap
News Partners
Advertise with Us
Price List
Statistics
Ad Specs
Terms Of Service
Jpost.com, the online edition of the Jerusalem Post Newspaper - the most read and best-selling English-language newspaper in Israel. For analysis and opinion from Israel, the Jewish World and the Middle East. Jpost.com offers expert and in-depth reporting from Israel, the Jewish World and the Middle East, including diplomacy and defense, the Palestinian-Israeli conflict, the Arab Spring, the Mideast peace process, politics in Israel, life in Jerusalem, Israel's international affairs, Iran and its nuclear program, Syria and the Syrian civil war, Lebanon, the Palestinian Authority, the West Bank and Gaza Strip, Israel's world of business and finance, and Jewish life in Israel and the Diaspora.
 
About Us | Advertise with Us | Subscribe | Premium | Newsletter | RSS | Contact Us
 
All rights reserved © The Jerusalem Post 1995 - 2012