This human-interest issue deeply affects many from across the political spectrum and elicits radical responses on both sides of the aisle.

Proponents of the bill have painted it as a human rights and egalitarianism issue that grants same sex couples the same rights that are enjoyed by heterosexual couples. This is a brilliant masterstroke on the part of proponents because painting opposition to the bill as discriminatory places its opponents in a very delicate position.

Opponents of the bill have invoked the sanctity of Marriage. Same sex marriage is painted as a slippery slope, which will eventually erode the traditional structure of marriage between a man and a woman. Biblical injunctions such as “Man shall therefore leave his mother and father and cleave to his wife,” and “Thou shall not lie with a man as one would with a woman,” are often invoked.¹

Torah also prohibits discrimination against sinners. Homosexual activity is restricted, not the homosexual person. The act is an abomination, not the actor

It comes as no surprise that most faith-based groups are opposed to same sex marriage. This is especially true of many Jewish faith representatives. After all, Jews are the original trailblazers of biblical values and ought to be its continued torchbearers.

The Sin not the Sinner

While the Jewish faith strictly opposes legalization of same sex marriage, it also enjoins us to carefully examine our conscience to ensure that our opposition is based on religious grounds, not social mores or, even worse, homophobia.

In the Torah, G-d clearly prohibited cohabitation between members of the same sex. In Biblical parlance such activity is deemed abominable and sinful. At the same time, Torah also prohibits discrimination against sinners. Homosexual activity is restricted, not the homosexual person. The act is an abomination, not the actor. The sin is forbidden, not the sinner.²

The Talmud relates a remarkable discussion that took place between the great sage Rabbi Meir and his learned wife, Bruriah. She overheard her husband praying for the downfall of a particularly vexing neighbor and advised him to pray for “an end to the vexing rather than the downfall of the vexer.” Citing the Biblical verse,³ “All sin shall cease,” she argued, “The sins must cease, not the sinners.” Rabbi Meir accepted her wise advice and prayed accordingly. Sure enough, the neighbor soon stopped his vexing ways.⁴

This story underscores the Torah’s approach to all sin. The act must never be condoned but the actors must also never be dismissed. We must work to educate rather than to denigrate.

A Litmus Test

In my opinion a simple litmus test can determine whether our opposition to same sex marriage is motivated by religious imperative or internal bias.

Homosexuality is not the only biblical prohibition. The Torah prohibits coveting, grudge bearing, gossip, and slander. There are literally hundreds of prohibitions in the Torah.⁶

To pass the litmus test one must treat same sex couples in the same manner as one would treat transgressors of any other commandment. If the latter are welcome in our synagogues and homes, then so should the former. If our rejection of homosexual activity is greater than our opposition to other sins then our motivation is not a righteous one.⁷

I have no religious quarrel with amending the tax code. I do, however, have a quarrel with the same sex marriage bill because I don't believe that it is about the tax code or legal equality

If, as proponents claim, the same sex marriage bill is merely an attempt to grant equal rights to all married couples, why do I oppose it? Am I against offering tax benefits to same sex couples? Am I against enabling same sex couples to make medical decisions for their loved ones? Am I against the principles of human rights?

Actually I am not against them at all. I have no religious quarrel with amending the tax code. I do, however, have a quarrel with the same sex marriage bill because I don't believe that it is about the tax code or legal equality.

This is not an anti discrimination bill, it is a homosexuality bill. I believe that proponents of same sex marriage are driven by a desire to condone homosexual activity.

A simple litmus test will quickly determine the truth. Would proponents agree to withdraw the bill if same sex couples were offered all the legal rights that are currently enjoyed by heterosexual couples? If the answer is no then this bill is motivated by a desire to normalize gay marriage, not to amend the tax bill. To be sure, such amendments are a welcome side benefit but they are not the primary objective.⁸

The drive to legitimize marriage between members of the same gender is an effort to condone the homosexual act itself. As a believing Jew, I cannot in good conscience support the bill because I cannot in good conscience condone homosexual activity.⁹

Rabbi Gurkow, a member of the Askmoses team of scholars, is spiritual leader of congregation Beth Tefilah in London, Ontario. He has lectured extensively on a variety of Jewish topics, and his articles have appeared in many print and online publications. For more on Rabbi Gurkow and his writings and talks, please go to www.innerstream.ca.