Disorder in the Courts
Disorder in the Courts
Written By: Rabbi Steven Pruzansky, Congregation Bnai Yeshurin, Teaneck, NJ
(Posted July 2015)
Last week was not a particularly good one for jurisprudence, integrity, marriage, morality, common sense and even the United States’ viability as a nation. Two court cases undermined traditional notions of morality and marriage, respectively, and enshrined in law – or at least purported to – draconian limitations on the pursuit of self-help as well as a dramatic redefinition of marriage that will hasten the decline of the American family if not the American polity itself.
First, a New Jersey jury found JONAH liable for consumer fraud. JONAH (Jews Offering New Alternatives for Healing) is a referral agency that helps people struggling with unwanted same sex attraction. It was sued by a number of patients – all instigated by the Southern Poverty Law Center, ranging far afield from its stated mission – who were unsuccessfully treated and could not overcome their same sex tendencies. The victims claimed that they were guaranteed recovery if they did the hard work necessary and protested some of the unconventional methods used by some of the therapists. They sued for recovery of the fees they paid – as well as substantial damages that now threatens the very existence of the organization. And they won.
The fix was in even before the trial started. There is no conceivable way JONAH could have prevailed. The trial judge ruled that the court would not allow any evidence that homosexuality can result from a mental disorder or youthful trauma – that such science had been settled and was no longer under discussion. Of course, the case effectively ended there because if homosexuality is not the result of any disorder, then why would anyone treat it? Why would anyone try to cure what does not need to be cured or attempt to abandon what the court ruled is a normal, healthy expression of sexuality? Why, indeed.
The dark secret is that many mental health professionals continue to maintain that homosexuality can result from some disorder but they are petrified to say it publicly or to put it in writing. Once the psychiatric establishment amended the DSM over forty years ago to declassify homosexuality as a mental disorder – a decision based not on science but on politics and pressure – the expression of any dissenting views has been chilled. There is real fear of ostracism and employment termination, and so professionals play along. But once the court here ruled that it would not even entertain any evidence that homosexuals need or can benefit from therapy, even if the patient wants it, there was no way JONAH could prevail. Psychologists do not treat people to change their eye color or their right-handedness, so of course, under these parameters, the jury found JONAH liable for consumer fraud.
The jury was left with no real choice, notwithstanding the hundreds of people who have been helped by JONAH and were able to marry (or remain married) and parent children and notwithstanding JONAH’s own assertions that its “success” rate is consistent with that of successful therapy from other afflictions or addictions, a rate of perhaps 15-20%. It is not as if the desires disappear and the person is completely reoriented; rather, patients were urged to face the reality of their condition and sometimes in harsh ways, and then received behavioral tools to sublimate the desires and lead a heterosexual life. It won’t work for everyone – JONAH never made such a claim – but it has worked for many. So who are you going to believe –the jury, “science,” or these lying eyes?
Only a layman can fairly ask: how is it possible for a man to change into a woman – and be honored, feted and praised as courageous for doing so – but a homosexual cannot change into a heterosexual? Indeed, the possibility itself must be suppressed and denied, and all who participate shunned by civil society. Here is one answer: it is because the manipulators of morality and the debauched social engineers have decided that homosexuals are a protected class and homosexuality the equivalent of a religion, that it is normal and that the rest of society must accept it as normal, and change therapy challenges all those notions and must be repudiated. Sex changes also must be protected because they also challenge conventional society. Everyone else must kowtow to them and live on the defensive, afraid to speak the truth we all recognize. Thus, there is a bill pending before Congress that would ban even talk therapy for unwanted same sex attraction. Can anyone name another condition for which therapy is banned even for someone desperate for it?
It is a strange world we live in.
Like the American Psychiatric Association’s waffling on this issue, the court’s ruling, which informed the jury that homosexuality both should not and could not be treated, was politics and populism, not law, unsuited to a courtroom and unfair to the defendants. It is also unfair to religious Jews: the only options recognized by halacha for the homosexual are therapy (if possible) or celibacy. The verdict is therefore an outrageous assault on individual freedom and the pursuit of happiness.
The ruling should also terrify mental health professionals who now are subject to lawsuits if therapy fails, and especially if the malady being treated can be deemed by some to be normal, healthy and worthy of celebration. (Maybe the alcoholic is just an unusually thirsty fellow…so why treat alcoholism?) No one maintains that homosexuality must be treated – but to deny the right of someone with homosexual tendencies to seek treatment is bizarre, unjust and dictatorial. Such is the power of the homosexual lobby to intimidate, threaten and harass anyone who disagrees with its agenda.
Thus, it was quite predictable that the Supreme Court would find in the US Constitution a “right” to same sex marriage and even more predictable that Justice Kennedy would provide the deciding vote and write the majority decision. It was classic Supreme Court jurisprudence, in the worst sense – placing an arrow on the target and then drawing a circle around it. Bull’s eye! The scathing dissents are all worthy of reading because they underscore the sorry state of the American judiciary and the utter absence of any semblance of constitutionality, democracy and legal coherence. It is telling that none of the other four justices in the majority wrote a concurrence; can one add gossamer to already thin air?
Obviously, the Constitution makes no reference to marriage (a purely state issue) and so it can contain no “right” to same sex marriage. It is all made up, and for the crass purpose of social engineering. Kennedy gamely wrote that the legitimate, natural expression of love is limited to two people. Why that is so is a mystery; and even a first week law student could explain that such a sentiment is dicta and not binding on anyone. The fact is that there is no logical reason Kennedy or any supporter of this decision can offer as to why polygamy, polyandry or polyamory should not also be constitutionally protected for those who wish to practice it, nor incest for consenting adults. There is a father and daughter in Kentucky, for example, currently incarcerated, as they – both consenting adults – have sired several offspring together. ACLU, where are you? Why can’t they express their love for each other as well, or must they too be victimized by such obsolete Biblical inhibitions?
Even further afield, those who object that bestiality should remain illegal because it does not involve two consenting adults seem to miss the point that one can slaughter an animal without the animal’s consent. Surely if slaughter is permissible, a romantic evening together –steak dinner by candlelight followed perhaps by some dancing – should not be the subject of state action.
That is a joke (I think) – and of course this is not meant to equate all sexual sins – but what is no joking matter is the threat to religious liberty posed by this decision. All of Kennedy’s protestations notwithstanding, people of faith – people who believe in G-d’s Bible and its objective moral laws and attempt to incorporate those laws in their daily lives – will suffer as a result of this decision. Wait – it won’t be that long – for a same sex couple to demand their right to hold their wedding in a church or synagogue. A refusal will result in prosecution, lawsuits and/or loss of tax exempt status. Wait – perhaps a little longer – for a rabbi, priest or minister to be sued for refusing to officiate at a same sex wedding. The homosexual lobby masterfully (and disingenuously) conflated same sex marriage with interracial marriage; consequently, religious institutions or individuals that continue to object to same sex marriage will be no better than racists. Recall that Bob Jones University lost its tax exempt status in 1983 because its policies banned interracial dating (it rescinded the policy in 2000). Get ready, people of faith. Our heads are now on the chopping block.
That is the invariable next step now that individuals have already lost their religious liberties and rights of conscience. The Mozilla CEO was hounded out of his position because he contributed to a ballot initiative in California that – successfully but now futilely – opposed same sex marriage. Bakers, caterers, photographers, and florists have all refused to lend their personal services to same sex weddings on grounds of religious conscience, have all been sued, and have all lost. A New Jersey church refused to allow its beach front property to be used for a same sex wedding, was sued and lost. A couple in northern New York was sued and fined $13,000 for refusing to rent their farm for a same sex wedding. To top it off – right out of the playbook of North Korea and Communist China – that couple was ordered by the court to undergo sensitivity training in order to regain the good graces of civilized society. The Communists always called those facilities “re-indoctrination camps.” Such is the new America, land of the unfree and home of the depraved.
And here’s the secular danger to the decision: it will result in the collapse of the family, already under siege in this hedonistic society. American youth, already bedeviled by gender confusion and late to marry, if at all, will grow up in a society in which there is no preferred family structure – no vision of an ideal family unit that has the best chance of rearing healthy, well-grounded, and productive children. The radical homosexual activists would have us believe that it does not matter whether one is raised by a mother and father, two mothers, two fathers, one mother, one father, or any other permutation thereof. But, of course, it does, and G-d – and common sense – teaches us otherwise.
Do not believe any study that claims that it doesn’t matter; all purported studies will be politicized, fabricated and dishonest. Indeed, this process has been fraught with such studies. One much ballyhooed study was recently exposed as a fraud. The WSJ two weeks ago reported the following: A UCLA graduate student, one Michael LaCour, released a study last year entitled “When Contact Changes Minds,” which claimed that people’s opinions on same sex marriage dramatically shifted when they were visited by homosexual activists. Opponents were converted into supporters after one twenty minute conversation. Only the report was a fake! Others tried to duplicate his results and could not, and now the former student (Princeton revoked its offer to him of a professorship) is claiming that he discarded his raw data. Sure…and that is what passes for “science” today.
The homosexual activists are not seeking equal rights but wish to upend the social order. They don’t want to live and let live, or conscientious objectors would not be pilloried or harassed out of business. (See Jonathan Last’s “You Will Be Assimilated” in the Weekly Standard of June 22, 2015.) It would not be surprising if teaching parts of the Bible will soon be construed as hate speech, if those parts are not altogether excised from the Bible.
This agenda is fueled by a classic tactic of the left in America that has gained traction in last decade: the depiction of any dissenting opinion as “bigotry” and any dissenter as a “bigot” whose views are unworthy of discussion. This is never meant sincerely or earnestly but as a trick intended to stifle debate, as if the public square needs to be sanitized of the arguments of their adversaries. (Read the new “End of Discussion,” by Mary Katherine Ham and Guy Benson.) And this stratagem works! That is why expect it to be used against anyone who rejects the Supreme Court decision and continues to oppose same sex marriage; it is why there has been such relative silence from rabbis and others, with the focus not on the immorality of the decision and its consequences but on the reasonable need to safeguard religious liberties in the wake of such a decision. Good and decent people are afraid of being called bigots.
Of course, there are no greater anti-religious bigots today than the homosexual activists. (Can two play the same game? Probably not!)
There are compelling secular arguments that have been made in the failed attempt to preserve the traditional definition of marriage. (See “What is Marriage” by Girgis, George and Anderson, in the Harvard Journal of Law and Public Policy, Volume 34.) Marriage is not primarily an emotional union of two people but a bodily union (with an emotional component) that can produce children. An emotional union only is really just a glorified friendship that renders marriage inherently unstable, as friendships come and go. This is already a problem in traditional marriages, as is the tendency to veer away from committed monogamy, but this situation will now be exacerbated. Marriage shapes and is shaped by the cultural cues that are extant; transforming the institution will transform it even for heterosexuals. And, as noted above, traditional marriage also reinforces the ideal of opposite-sex parenting, while same sex marriage threatens the religious freedoms that Americans have long cherished and that have made America unique in the annals of mankind.
The bitterness, acrimony and censorship that the homosexual activists have inserted into this discussion – and with which they prevailed – have already made us more fearful and less free. And if you doubt that, just ask the businesspeople pestered by the new McCarthyites and ask the well meaning people at JONAH as well.
But the moral dimension transcends all. Russell Kirk wrote: “True law necessarily is rooted in ethical assumptions or norms; and those ethical principles are derived, in the beginning at least, from religious convictions. When the religious understanding, from which a concept of law arose in a culture, has been discarded or denied, the laws may endure for some time, through what sociologists call “cultural lag”; but in the long run, the laws also will be discarded or denied.” This is precisely what has happened to American society.
It is thus the rampant secularism that has been an affliction since the 1960’s that now defines American society. It accompanies the mindless pursuit of hedonism that in part is also responsible for America’s retreat from global leadership. Relatively few Americans are interested in the critical issues of the age, and of those who are interested many of them are not particularly helpful. All this greases the slippery slope down which the United States is sliding. There is hope for a renaissance, but it is faint and dimming.
The Talmud (Masechet Chulin 92b) states that even the antediluvian degenerates who practiced homosexuality did not go so far as to “write marriage contracts between men.” The familial system set up by G-d establishes opposite sex parents as the natural and most effective people to raise children. Such an arrangement is best for human beings, for children, and the most stable for society. It is normal and proper. But we have long moved past slouching towards Gomorrah and have already lurched past Sodom.
Even worse, there are nominally Orthodox rabbis (even serving nominally Orthodox synagogues, although both designations will have to be revisited in the near future) who celebrated the Court’s decision, one gushing that “it is not good for man to be alone” (Breisheet 2:18; he was likely unaware that G-d then presented the first man with the first woman as a spouse and not with the second man. Sometimes, you just have to read on!). Another opined that Facebook has paskened that homosexuality is now permissible and it doesn’t matter what the rabbis say. Well, actually, it doesn’t matter what he says; but the breathtaking shallowness and intellectual vacuity of some people aspiring to the rabbinate is shameful and alarming. Is ordination of such empty vessels worth anything? Not that I can see.
Personally, I am saddened by anyone who is suffering from these problems, and all the court decisions, parades, weddings and hijinks change nothing. It is important to reiterate that no person should be persecuted, assaulted, bullied, etc. for any reason, and certainly not because of predilections of one sort or another – nor should people of faith be bullied, assaulted or persecuted for their adherence and commitment to G-d’s immutable law. And we should distinguish – as the Torah does – between sins of the flesh (which reflect human weakness) and sins of the mind, ideological sins that come from a rebellious soul. The latter are far worse. Indeed, it is far worse to deny that the Torah forbids homosexuality than it is to engage in homosexual activity, especially if the latter is performed out of compulsion. We should not deny the sin, nor should we ever celebrate the sin. We should see them as part of the class of sinners, which, unfortunately, to one extent or another, includes all of us.
But civilization will pay a heavy price for this aberrant decision, as other departed civilizations already have. Those who think that the homosexual activists will rest now that they have won the right to marriage are gravely mistaken. They will continue to press their agenda until all people are forced to consider homosexuality a moral and legitimate expression of human longings, and until all notions of objective, Biblically-based morality are a dead letter. And those who supported the homosexual agenda thinking that it was all about love and freedom and live-and-let-live will soon realize that they have been the greatest victims of consumer fraud.
May G-d have mercy!