On Nov. 7, when we enter the voting booth in Wisconsin, we will be asked to vote on referenda about enacting the death penalty in Wisconsin and changing the state’s constitution to define marriage.
By doing so, we will be responsible for the fate of many of our fellow Wisconsinites.
Judaism does not speak in a monolithic voice on either of these subjects. But Judaism does speak without equivocation on where our sympathies should lie when we confront issues that affect people’s lives directly.
The ancient rabbis whose teachings comprise the Talmud believed that as God confronts human wrongdoing, God struggles mightily to balance the desire for strict, punitive justice with the need to show mercy, always seeking to favor the side of mercy.
Similarly, we should lean toward mercy rather than strict, punitive justice when given the responsibility of deciding the fate of others.
It is important to understand that the referenda may directly determine Wisconsin law. Gov. Jim Doyle (D) will not be able to veto the “Marriage Amendment.” Our approval would cause the amendment to become law.
The death penalty referendum is advisory. However, given the current make-up of the legislature, it is almost certain that death penalty legislation would be enacted if the referendum vote goes in favor. The current governor could veto it; but it is possible that there will be a new governor, Mark Green (R), who will sign it into law.
Because people’s lives are hanging in the balance, we must take some time to seriously consider how we will vote. Let me summarize what Judaism has to offer on these issues.
Requires empathy
In Torah law, capital punishment is required for certain crimes. And a homosexual relationship is considered no less than an “abomination.” If we stopped here, it would be easy to know where Judaism stands on the referenda.
Thankfully, Judaism today is not based strictly on the Torah. If it were, we would all be subject to the death penalty because the Torah punishment for doing any kind of labor on the Sabbath is to be put to death (Exodus 35:2).
How has Judaism changed since the time of the Bible? Jewish law has shown a strong aversion to the death penalty since the talmudic period, placing so many restrictions on what it would take to condemn someone to death that it becomes almost impossible to enact.
As to homosexuality, a change from the biblical view is much more recent. In recent decades, respected movements within Judaism, including our own Reform movement, have given sanction to and affirmed that there can be holiness in committed homosexual relationships.
While rejecting Torah law, such sanction has been grounded in Jewish values, such as viewing all human beings as created in the image of God.
The “Marriage Amendment” seeks to define marriage as “between one man and one woman.” Here, being merciful is about showing compassion and empathy to people in gay relationships, rather than dealing with them harshly and insensitively.
It is true that this amendment may also affect other domestic partnerships besides gay unions, but the moral issue here is really about homosexuality.
Therefore, turning toward mercy in the case of the marriage referendum has to do with recognizing gays as being enough like heterosexuals to recognize that they have the same needs for companionship and security.
The focus here is on the verse from Leviticus (19:18): “Love your neighbor as yourself.”
Even if the whole concept of gay relationships makes us uncomfortable, at least we should recognize that gay individuals need each other in times of crisis, just like any one else. This referendum would take that away.
Were this amendment to be adopted, gay couples, even if they had been together for decades, would be denied the ability to receive the medical records or consult on the medical care of a partner, to seek worker’s compensation claims if a partner dies, and to transfer real estate without a fee. Employers could use this amendment to keep gay employees from acquiring medical coverage for their partners.
An attitude of strict justice would say: Gays choose to live out of the mainstream of society, so they should not expect to be treated equally and receive the advantages that come with fitting in to societal norms.
Acting out of mercy says, instead: Imagine it was you or your sibling or child or grandchild in this situation. Treat others kindly and generously, as you would want to be treated.
Accepting the validity of gay relationships may be a struggle, or even impossible, for some of us. But, voting “no” on this amendment does not require one to be comfortable.
It simply requires empathy toward gays as human beings who have the same needs and wants and deserve the same rights as others.
Leaning toward mercy is not always easy, even for God. The Talmud says that when God is called upon to determine our fate, God prays to God’s own Self for the will to be merciful, as if it is not the Almighty’s first inclination:
“It is thus that God prays: ‘May it please Me that My mercy may overcome My anger; that all My attributes may be invested with compassion; and that I may deal with My children in the attribute of kindness, and that out of regard for them, I may omit judgment’” (Tractate Berakhot 7a).
So may we all.
Rabbi Dena A. Feingold is spiritual leader of Temple Beth El in Kenosha. This article is excerpted from her recent Yom Kippur sermon and is edited by permission.
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