As a bill to legalize gay marriage in New Jersey heads for a full Senate vote, Jews could be found among the bill’s supporters and detractors, arguing the merits of both positions according to Jewish law.

Leading up to Monday night’s vote when the bill cleared the Senate Judiciary Committee, state Sen. Loretta Weinberg (D-37), a chief supporter of the bill, found herself in heated discussions with Orthodox protesters in Trenton about the need for Torah to be reinterpreted as society evolves.

At the heart of the argument, Weinberg told The Jewish Standard on Tuesday, is separation of church and state.

“It is about what the state sanctions and not what religion sanctions,” she said. “It is a civil rights issue.”

No rabbi, priest, or religious institution would be forced to perform a gay marriage under the bill, she emphasized. “I just don’t want other people telling me what’s appropriate in my own synagogue or to my rabbi,” she said. “He has that right.”

Rabbi Neal Borovitz of Cong. Avodat Shalom in River Edge praised the bill because of the choice it presents.

“One of the reason I can support this bill is it doesn’t require any clergymember to perform any ceremony they’re uncomfortable with,” said Borovitz, who is also Reform. “My freedom to officiate or not officiate at any ceremony remains intact.”

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State Sen. Loretta Weinberg is a sponsor of a bill legalizing gay marriage.

Jews have thrived in America because the First Amendment affords freedom of religion and freedom from religion, Borovitz continued. “It’s imperative that this state not become involved in those religious decisions,” he said.

Guarantees that they would not be bound to perform gay marriages were no consolation for rabbinical opponents of the bill. Rabbi Benjamin Yudin of Cong. Shomrei Torah in Fair Lawn, which is Orthodox, told the Standard that the Bible is not talking just to Jews when it says that “Man shall cling to his wife.” The gay marriage bill is “threatening the very core of society,” he said.

“Wherever you go, marriage has been a sacred institution,” he said, “and to go now and tamper with it is something that is very threatening to the moral fiber of society.”

Sarah and Leah are an Orthodox lesbian couple living in Bergen County who support the idea of legal equality but not gay marriage itself. The couple did not want their real names used.

“It doesn’t mean anything in terms of halacha,” Sarah said. “You have to have a different halachic process to get married.”

She pointed out that Jews can legally marry non-Jews, which is also forbidden under halacha. Judaism, she added, has a definition of marriage separate from the state’s.

“We’ve never felt the need to change our halachic definition based on a legal definition,” she said. If New Jersey passes the gay marriage bill, “that’s not going to force the situation halachically whatsoever.”

A civil marriage would afford the couple equal rights and protect future children they may adopt, Sarah argued.
“Our decision to have a civil marriage wouldn’t cause me to think we’re married in the eyes of God or a Jewish marriage,” she said. “I see it as legal protection.”

Separation of church and state, is what concerns Leah the most. “When the boundary between church and state starts to get fuzzy it’s really dangerous for Jews,” she said. “I don’t hear a lot of convincing arguments about why same-sex marriage shouldn’t be allowed that aren’t really based in religious beliefs.”

A legal marriage, Leah continued, would be mostly about ensuring the couple’s right to keep their family together. In that respect, pursuing marriage equality is part of tikkun olam, the Jewish mission to repair the world, she said.

“This will have no bearing on Orthodox synagogues,” she said. “The people it affects most are children. Children of couples who don’t have equal rights grow up feeling their family isn’t equal under the law.”

Yudin dismissed arguments that the state definition of marriage is separate from the Jewish definition. He will not perform any marriage ceremony without a state-issued marriage license.

“The law of the land is law,” he said. “Jewish law does not speak about a marriage law in the state of New Jersey. But we comply and live in accordance with the laws of the land and therefore do require that Jewish marriages have a civil license, as well.”

Gov. Jon Corzine has promised to sign the bill if it reaches his desk before he leaves office. Gov.-elect Chris Christie is opposed to gay marriage, which has led lawmakers who support it to try to rush the bill through. Yudin pointed to Christie’s election as proof that New Jerseyans don’t want gay marriage.

The Assembly has not yet taken action on the bill, which could stall its passage even if the Senate approves it. If the Senate does not pass the bill, however, proponents are prepared to keep working, Weinberg said.