Saturday, January 22, 2011

Orthodoxy and Gay Marriage

Engaging in homosexual activity is halachikly forbidden. But opposing gay marriage will not prevent people from engaging in that activity. Therefore, I do not think one can make a halachik argument against legalizing gay marriage in the US, especially since these marriages are secular documents with no halachik status.

Then there is the halacha of dina demalchuta dina - a Jew must obey the laws of her or his land. This law, in the US, is a separation of religion and state, enshrined in the first amendment. So imposing one's halachik will on the American public arguably violates the halacha of dina demalchuta dina. In other words, there is a halachik reason to, at the very least, remain neutral on the issue, and to not turn a politician's support of it into a deal-breaker, if one otherwise would consider voting for him or her.

Furthermore, one could argue a kavod habriot argument for legalizing gay marriage, (which as noted earlier, is not the same as condoning homosexual activity, which will take place regardless of whether or not gay marriage is legalized).

Ultimately, the reason that Jewish people have flourished in the US is the separation of religion and church. Supporting any legislation that violates this separation could set a dangerous precedent and be harmful to the future of American Jews (may mashiach come bimheira biyameynu so we can live in Israel). Therefore, it is in the interest of the Jewish people to not oppose the legalization of gay marriage on religious grounds.

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