Unsurprisingly the majority of voters decided that they were in favour of homosexual marriage. Perhaps thirty years ago the vote would have been different, but lots of things were different then.
So, how should the Jew react. I do not address myself to those whose religions are based on Orthodox Judaism. They aren’t interested in my opinion, and I feel sorry that they harbour certain beliefs that they do.
I ask the question of Orthodox, practicing or otherwise, Jews. I believe the answer to this question will be addressed from the pulpit by the Orthodox Rabbis of our Shules; at least most of them (especially those who speak more about the goings on in the world than the weekly portion of the Torah).
I predict there will be (at least) the following five approaches:
The safe option: Say nothing. Congregants who are against it will remain so, and those who are for it, may come to dislike the Rabbi and/or Judaism and move to greener pastures. This is halachically שב ואל תעשה. It has a place and is an approach with some basis.
The bold option: Say that we live in a democracy and this allows us our freedoms, including our freedom to practice our own religion. That society (and yes, the ‘Jewish’ seats of Melbourne Ports and Wentworth were very strong supporters of homosexual marriage) chose this new path means that we should hold on ever so much more forcefully to the unambiguous Torah Law, and never allow these arrangements in a Jewish (Orthodox) setting.
A variation of the bold option, is the populist option. It is akin to the Rabbi who is more of a friend than a spiritual mentor who is friendly. They will talk about democracy as above and free choice, but will stop short of making statements which unambiguously present the view that the choice itself is not in accordance with Halacha, be it Jewish or Noachide.
The delusional option: these will be words along the lines of the populist option but without any whiff of negativity. Remember, a child “doesn’t get dirty at school”, rather, “one part of their clothes comes home clean”. The delusional ones oversee a void of suitable educational programs. Their congregants come only three times (now it’s two, and yizkor is all but forgotten) a year. Every manner of schtick is used to herd them to an event. In the end though, congregants cannot navigate the basics of a siddur, the true spiritual transmission from the well-intentioned Rabbi approaches zero and the role occupies a cross between a popularity contest and a feel good eloquent sermon.
The marginal option: this one is seemingly akin to the delusional approach but falls outside that boundary. It is known as Open Orthodoxy. They actually announce Mazel Tovs and the like for such unions. This is beyond the Orthodox pale.
Where will your Shule/Synagogue/Shtiebel/Temple align itself?
[There is a sixth approach of ‘fire and brimstone’ but I consider that approach a waste of time]
Free Choice is a critical component of Judaism. Without free choice, there is no notion of reward and punishment. However, free choice does not mean that the actual choice taken must be supported or considered in keeping with a God-defined morality. As such, a choice antithetical to Torah must be respectfully disagreed with as being incongruent with Torah.
[ Ironically, it wasn’t long ago that people were downplaying the importance of the marriage institution and strongly promoting the “partnership”/”de facto” model. Even today’s society wouldn’t say that one must get married, would it?]
We don’t have marriage anyway. We have Kiddushin. We also respect those created in the image of God, but we do not have to agree with all that they propose or practice.
If it ever got to a point where a religious functionary had to carry out a homosexual marriage according to secular law, then it would be ייהרג ואל יעבור and pack your bags and hop onto a flight to ארץ הקודש sooner.