Gordon Tucker - Tucker's Proposed Takkanah On Homosexuality

Tucker's Proposed Takkanah On Homosexuality

Tucker's prominence as both a political and theological liberal within Conservative Judaism is reflected in the role he played in the movement's recent debates on the issue of homosexuality. As a member of the Committee on Jewish Law and Standards (CJLS), he authored a proposed teshuvah (responsa) arguing that the biblical prohibition on male homosexuality should be overturned. In doing so, he proposed that the Conservative movement should accept a new, more liberal approach to halakhah (Jewish law). (Tucker originally offered his paper as a responsum, but the committee voted instead to consider it as a takkanah, requiring 13 votes for adoption.)

An important difference between Conservative and Orthodox Judaism is that Conservative Judaism empowers modern rabbis to issue takkanot (decrees) modifying Biblical prohibitions, when perceived to be necessary. However, such decrees must be rooted in halakhic process and precedent. Conservative Judaism has adopted takkanot only for a few exceptional matters, such as the abolition of the biblical category of mamzer (a child whose mother is married to a someone other than the biological father or is the product of an incestuous relationship). Orthodox Judaism takes a more limited view as to how law can be changed.

Both Conservative and Orthodox Judaism address most questions of Jewish law through responsa, through a written, rabbinical interpretation of Jewish law, analogous to a court decision. In Orthodox Judaism, responsa are the product of individual rabbis, and their authority derives from the recognition of the author within the larger Orthodox community as a posek or decisor. In Conservative Judaism, both responsa and takkanot are products of the Committee on Jewish Law and Standards, whose voting members are ordained rabbis within the Conservative movement.

On December 6, 2006, The CJLS adopted three different responsa, somewhat contradictory, on issues that address the participation of male homosexuals in Conservative Judaism:

• By 13 of 25 votes, the minimum majority, the CJLS adopted a responsum authored by Rabbi Elliot N. Dorff, Daniel Nevins, and Avram Reisner, lifting most restrictions on homosexual conduct and opening the way to the ordination of openly gay and lesbian rabbis and acceptance of homosexual unions, but stopping short of religiously recognizing gay marriage. The responsum maintained the Biblical prohibition on male-male anal sex.
• Also by 13 of 25 votes, the committee adopted a traditionalist responsum, by Rabbi Joel Roth, reaffirming a general prohibition on homosexual conduct.
• By six votes, the minimum for adoption as a minority position, the committee approved another responsum by Rabbi Leonard Levy, maintaining that homosexuality is potentially curable and encouraging people with homosexual inclinations interested in living as religious Jews to seek treatment.

The Committee rejected Gordon Tucker's takkanah. Details of this issue are discussed in Conservative Halakha. Tucker's proposed takhanah became, in effect, a dissenting opinion.