“Proclaim liberty throughout the land; to all the inhabitants thereof.” (Leviticus 25.10) So states our Torah portion this week, Behar. We know this verse as Jews. For us as Americans, though, this verse is seared into our minds, as it is carved into the Liberty Bell, which we can view in its glass encasement in Philadelphia. In the Torah, the verse occurs within the context of the Jubilee year, in which slaves are freed and lands revert back to their original owners. In America, the meaning is much broader: freedom from religious tyranny, freedom from externally imposed taxation, freedom of intellectual inquiry and development. The Declaration of Independence spoke of all human beings as being “endowed by their Creator with certain unalienable rights; that among these are life, liberty, and pursuit of happiness.”
While this aspiration, born of the Enlightenment, was revolutionary in history, it would seem that all the logical extensions of the principle were not “self-evident.” At the time this verse from Leviticus was carved into the Liberty Bell, slavery still existed in America. Women’s rights were barely recognized and sorely limited. Various religious groups still suffered discrimination and exclusion at the hands of the majority populations of the localities in which they lived. LGBTQ rights? Forget it.
In the long history of humanity, we recognize that our country is still relatively young, and is still experiencing growing pains, frustrating as they are. We have had to evolve in our understanding and recognition of concepts and human realities that never had been recognized before. The argument over the rights of the transgender community is the latest, but certainly not the last frontier of the ongoing struggle to fully realize the aspiration of the liberty that is expressed on the Liberty Bell. At the moment, the spotlight is on the outrageous and unacceptable attempts of the State Legislature to discriminate against transgender individuals. The law that this body passed puts into place a statewide policy that bans individuals from using public bathrooms that do not correspond to their biological sex – the sex they were born with. It also prevents cities from passing anti-discrimination ordinances that protect LGBTQ people, and in this case, particularly “T.” NC Governor McCrory has vowed to uphold this law. This is a heinous act on the part of the NC state house, and must be fought by freedom-loving people all over the country. Similar laws are being crafted in other states as well. There was even one introduced into the Assembly of our very own state of New York, but was defeated. Thankfully our own Governor Cuomo signed a non-discrimination bill into law. But we note with sadness the recent attack upon a transgender individual right in our own backyard of Park Slope. So we have a lot of work to do.
While our Founding Fathers considered “unalienable rights” to be “self-evident,” it is clear that the fine points of what is included in these rights is anything but self-evident. Those of us who are concerned with the fullest realization of this aspiration, however, continue to the struggle with what it must mean for all of us. I am proud of our Reform Movement for its discussion and passage of the Resolution on the Rights of Transgender and Gender Non-Conforming People at the Biennial Convention in Atlanta this past November.
Perhaps the most salient verse for us that is contained within our Torah is back at the beginning of the Book of Genesis, with the creation of human beings B’tzelem Elohim, in the image of God. “And God created the human in God’s image; male and female, God created them; and God blessed them.” (Genesis 1.27-28) Ultimately this is the source of our “unalienable rights,” and we are all obligated to respect and promote them.
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