Friday, June 30, 2023

Reflection on SCOTUS' Discriminatory Ruling in 303 Creative V. Elenis.

 


 


Dear Friends,

This morning, I participated in a press conference with Colorado Attorney General Phil Weiser, interfaith religious leaders, and representatives of the LGBTQ+ community in the wake of the U.S. Supreme Court’s recent decision in 303 Creative V. Elenis. This case, which was brought by a Colorado Web Designer, revolved around the issue of whether the owner of a private business could refuse to provide services to a same-sex couple based on her religious beliefs. The Court voted 6-3 in favor of the plaintiff.

When I heard the news of this decision, I was chilled to the bone. What SCOTUS has done, in essence, is to provide individuals and businesses with the right to legally discriminate against anyone who does not fit their preconceived notion of normalcy or morality. This ruling goes far beyond the LGBTQ+ community, however. It is quite possible that this case could be used to justify refusing to serve a mixed-race couple, or an immigrant, or anyone whose presence is deemed offensive.

As Jews, we remember all too well how our ancestors were victimized by anti-Semitic laws that allowed discrimination.  It was not all that long ago that here in the United States - Jews, people of color and religious minorities were legally denied access to housing, restaurants, hotels, and other establishments because of prejudicial beliefs that were loosely based on “religious” values. In several states, interracial marriage was illegal. My mother, Sophie Koven Black (z”l)  was born in Leipzig, Germany and, by a stroke of luck, was able to flee with her parents to  America one month after Krystallnacht – the “Night of Broken Glass” – November 9, 1938. She vividly remembered the “Juden” signs placed on Jewish-owned business by the Nazi government, and the public shunning and shaming of Jews. She attended a school for Jewish children – not because her parents wanted her to receive a religious education, but because all Jews were excluded from the public schools. This was all legal and expected under the laws of the land.

Now, I am not saying that this case is equivalent to the laws of Nazi Germany - not yet. I am, saying, however, that this unfortunate decision has essentially given a green light to those who would use religion to serve as a vehicle for perpetuating hatred – not only against our LGBTQ+ brothers and sisters, but also against anyone who challenges their perception of morality. It is a powerful and dangerous step on the road to increasing racism and prejudice in our society. If we do not raise our voices in protest against this regrettable decision now, we will be responsible for the measures that those on the Far Right will certainly be taking in the future.

I am proud of the fact that Temple Emanuel is a congregation that strives to be open to all who wish to be connected to our sacred community - regardless of race, ethnic background, sexual identity or religious background. If you want to be part of our congregation and you and/or your spouse/partner are Jewish-or are interested in learning more about Judaism, we welcome you! But it is not enough to be simply welcoming. We must actively show our love for and openness to our LGBT+ family and friends. Today is the last day of Pride month. It is ironic and painful that SCOTUS decided to announce this tragic ruling at this time of radical acceptance and welcome. In just a few days we will be observing Independence Day. Our nation was founded on the belief of equality and justice. This ruling jeopardizes this vital foundation of our democracy.

In this week’s Torah Portion, Balak, we find:  Mah Tovu Ohalecha Yaakov, Mishkenotecha Yisrael – How Goodly are your Tents O Jacob; your dwelling places O Israel.” (Numbers 24:5) These words were spoken by the pagan prophet, Bilaam who was hired by Balak – the Moabite King – to curse the Israelite nation. But instead of cursing, Bilaam could only utter words of blessing. Our “tents” and “dwelling places” are beautiful because they show a diverse picture of humanity. All are welcome in our midst. We have a large task in front of us to combat ignorance, prejudice and apathy. We cannot remain silent as we watch bigoted beliefs define who is welcome and who is not.

Shabbat Shalom,

Rabbi Joseph R. Black