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Queer yeshiva to publish first-ever collection of Jewish legal opinions written by and for trans Jews
(JTA) — In the midst of writing a 13-page analysis of a complex area of Jewish law, Rabbi Xava De Cordova found something she wasn’t expecting to see in the medieval-era sources: flexibility.
De Cordova is transgender and had long wondered whether she could feel a sense of belonging while studying reams of rabbinic writings on halacha, or Jewish law, which stretch back thousands of years and often prescribe different practices for men and women.
The laws of ritual purity, for example, prescribe specific behaviors for women on the assumption that they all menstruate. Trans women do not. De Cordova said that gap and others had her thinking, “I don’t really know if I can find a place for myself in this literature.”
But after digging into Jewish texts on the topic, De Cordova realized she’d sold the sages short: Medieval European rabbis were asking many of the same questions she was — and their answers reflected real-world complexity.
“I just found that the rabbis and the early halachic authorities’ understanding of niddah was so much more conceptual and vague and fluctuating than I ever realized before I started this particular work,” De Cordova said, using the Hebrew term for purity laws. Her conclusion: “Wow, there’s so much space for me within this literature.”
De Cordova’s realization is one of many that a dozen Jewish scholars and rabbis have had over the last year as they have scoured Jewish texts for guidance on how transgender Jews can adapt traditional rituals to their lived experience. Now, the group is preparing to release a batch of their essays, analyses of Jewish law called teshuvot, in hopes that they can inform the experiences of trans Jews who seek to live in accordance with traditional Jewish law.
The release of the essays comes at a time when lawmakers in dozens of states are targeting trans people and their rights, in some cases instigating fights that have heavily involved rabbis and their families.
In that climate, writing trans Jews into Jewish tradition “becomes an act of resistance because it’s about celebrating lives that are being demeaned and celebrating people who are being dehumanized in the public sphere,” said Rabbi Becky Silverstein, co-director of the Trans Halakha Project at Svara, the yeshiva founded in Chicago two decades ago to serve the queer community. The dozen rabbis and scholars are based at Svara and collectively form the Teshuva Writing Project.
Among the questions they have tackled: How could a trans man converting to Judaism have a bris, required for male converts? Is the removal of body tissue after gender-affirming surgery a ritual matter, given Jewish legal requirements for burying body parts? And is there a Jewish obligation, in certain cases, to undergo gender transition?
Just how widely their answers will be consumed and taken into account is a question. Most Jews who consciously adhere to halacha throughout their daily lives are Orthodox, and live in communities that either reject trans Jews or are reckoning with whether and how to accept them. Non-Orthodox Jewish denominations have made efforts to embrace trans Jews, but halacha is less often the starting point for most of their members. The Reform movement, the largest in the United States, expressly rejects halacha as binding.
Still, a growing number of Jews and Jewish communities strive to be inclusive while staying rooted in Jewish law and tradition. There are also a growing number of trans Jews who are connected to traditional communities, or who want to live in accordance with Jewish law.
“I think individual trans Jews who are not part of communities could use these teshuvot to guide their own decision-making,” said Silverstein, who was ordained at the pluralistic Hebrew College seminary. “We live in a time of religious autonomy in Jewish life, and where trans Jews actually are hungry for connection to tradition. And so they could use these teshuvot to help inform their own conversations.”
Organizations and initiatives such as the Jewish LGBTQ group Keshet; Torah Queeries, a collection of queer commentaries on the Bible; and TransTorah.org have created rituals, readings, blessings and customs for trans Jews, and Svara runs a Queer Talmud Camp as well as intensive Jewish study programs throughout the year. But until now, no collection of Jewish legal opinions has been published by and for trans people.
“Halacha has to be informed by the real lived experiences of the people about whom it is legislating,” said Laynie Soloman, who helps lead Svara and holds the title of associate rosh yeshiva, in an approach that they said the group had adopted from the disability advocacy community. “That is a fundamental truth about halacha that we are holding as a collective and taking seriously in the way we are authoring these teshuvot.”
The teshuvot will be published later this month, and follow a long tradition of rabbis setting halachic precedent by answering questions from their followers. Those answers are traditionally based on an analysis of rabbinic texts throughout history. They can address questions ranging from whether smoking cigarettes is permissible to the particulars of making a kitchen kosher for Passover.
Some Jewish legal questions tackled by the group at Svara had not previously been answered, such as how to mark conversion for someone who is male but does not have a penis. In other cases, accepted Jewish law pertaining to gender can be painful for those who are nonbinary or trans, either because the answer is not clear or because the law does not match up with contemporary understandings that gender and sex are distinct.
“[Those are] areas where trans people are sort of most likely to either feel lost themselves or be interrogated by their community. … And so they’re sort of these urgent halachic needs,” said De Cordova, who was privately ordained by a rabbi from the Renewal Judaism movement. “And 99.9% of the literature about them so far has been written by cis people, about us.”
De Cordova concluded that trans women are obligated in niddah, the ritual purity laws. In her teshuva, she provides several approaches to emulate the complicated counting cycle that tallies the days a woman is considered ritually impure following menstruation. She suggests using a seven- and 11-day cycle originally proposed by Maimonides, the 12th-century scholar and philosopher. De Cordova also suggests that the imposition of a cycle not based in biology means ancient and medieval rabbis had some understanding of womanhood as a social construct.
“There’s many cases in which the rabbis sort of choose to orient niddah around their understanding of women, which I would call the social construction of womanhood by rabbis, rather than observable physical phenomenon or actual women’s experience,” she said.
For De Cordova, the experience of writing about niddah provided her with new insights about some of the oldest Jewish legal texts on the subject.
“They’re flexible enough and sort of responsive enough that I can really find a lot of freedom and space in working with them,” she said of the ancient sources. “And that was just a really sort of wonderful and freeing transition to go through.”
Last year, the Conservative Movement approved new language for calling up a nonbinary person to various Torah honors. The rabbis behind the opinion consulted with groups serving LGBTQ Jews and synagogues centered on them, but acknowledged that they were imperfect authors.
“When my coauthors and I published the teshuva, we wrote in it that we are all cisgender rabbis and that we hope that, increasingly, halachic work dealing with nonbinary and trans and queer Jewish life and identity and practice will… come from queer rabbis and scholars themselves,” said Guy Austrian, the rabbi of the Fort Tryon Jewish Center, a synagogue in upper Manhattan. “And I think the publication of the first batch of teshuvot from the Trans Halakha Project shows that that process is underway, and I think that that can only be a good thing for the Jewish world.”
Scholars at Svara, the queer yeshiva based in Chicago, have served the Jewish LGBTQ community for two decades and are now creating the first written set of Jewish law by and for trans Jews. (Jess Benjamin)
Adding to the question-and-answer tradition of Jewish legal opinions means trans Jews will now have new texts to guide their religious practice, Silverstein said. Trans Jews, the writers of the opinions acknowledge, already have their own ways of performing Jewish ritual that accords with their lived experience. But they say that when it comes to Jewish law, informal custom without a sourced legal opinion is not enough.
“I want cis[gender] clergy to realize that there are resources written by and for trans people that they can turn to when they’re trying to help a member of their congregation,” De Cordova said.
The authors of the legal opinions applied to be part of the collective and come from a religiously pluralistic group, ranging in affiliation from Orthodox to Conservative to Jewish Renewal. They have varying expectations for how far-reaching the impact of the new legal opinions will be.
Mike Moskowitz, an Orthodox rabbi and the scholar-in-residence for trans and queer Jewish studies at Congregation Beit Simchat Torah, which serves the LGBTQ community, said the teshuvot could provide a model for observant Jews who are also trans.
“I think it’s significant in modeling what an informed conversation can look like, which hasn’t really happened in Orthodox publications,” said Moskowitz, who was not part of the collective that composed the teshuvot on trans Jews’ practice. “I hope this models what can be done in other movements. What’s been tricky is that every movement has a different understanding of what halacha means.”
Even within Orthodoxy, conflicting opinions already exist, in a reflection of how halacha has always operated. For example, Talia Avrahami, a transgender Orthodox woman, follows the opinion of the late Rabbi Eliezer Waldenberg, known as the Tzitz Eliezer, who ruled that a trans woman who undergoes gender affirmation surgery is a woman according to Jewish law. But Avrahami was told she could not sit in the women’s section of her synagogue, because the rabbi who the synagogue follows does not accept Waldenberg’s opinion. Months earlier, Avrahami had also been asked to leave her teaching job at an Orthodox day school after students and parents learned that she was transgender.
Avrahami declined to comment on the new teshuvot, citing restrictions set by her current employer.
Silverstein says some Conservative rabbis have expressed interest in using the opinions to guide practice in their own congregations. But he is less sure if they will be adopted in the Orthodox community, which is the target audience for most traditional literature on Jewish law.
“When it comes to the Orthodox community, I’m not sure I am bold enough to dream that these teshuvot specifically are going to be adopted,” Silverstein said. “I’m not even sure I know what that means. But it is my hope that they will permeate throughout the Jewish community, at least through the Modern Orthodox community.”
The scope of the opinions written by the collective extends beyond the trans community. The first batch of answers, for example, includes an opinion about how to increase physical accessibility to a mikvah, ritual baths used to fulfill some requirements of Jewish law.
“Judaism thrives and Torah thrives when people are bringing their life experiences to the text and asking their questions of the text,” Silverstein said. “That’s how new Torah is uncovered in the world. And that’s how Judaism and Torah has stayed alive through so much of Jewish history.”
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Amid blazing heat and rising tides, artists find beauty and desperation in these biblical times
Daniel Rothbart’s floating aluminum and glass forms are at once playful and lyrical, biomorphic and other-worldly; prehistoric and futuristic. They are set in a pond and two small pools in Staten Island’s Snug Harbor, a hidden pastoral gem that once served as a safe haven for sailors.
Overflowing with colorful flowers and plants and shrubbery, the scene is idyllic, short of the oppressive, steamy heat that has settled over the landscape. But then that’s part of it too. Rothbart’s Serpentine Sibyls: A Floating Sculptural Installation, animated by winds and currents, are site-specific and immersive. He is keenly in tune with its ecology.
“No, my work has not always addressed political issues, but water is a fraught medium,” he told me over the phone. “You can’t work with water without addressing its importance to life on this planet and climate change and stewardship. Water has always fascinated me.”
Growing up in the Pacific Northwest the ocean was a constant alluring presence. And as a Jew, the water’s historical, cultural and religious traditional significance is defining, he said.
“There’s the purification ritual of the mikveh, the parting of the Red Sea, the washing of hands and feet before entering the temple in Biblical times and the casting off of sins, Tashlich on Rosh Hashanah. Water diplomacy and technology has always been central in Israel. Making the desert bloom.”
Rothbart, a multidisciplinary artist whose work has been exhibited across the globe, is the author of Jewish Metaphysics as Generative Principle in American Art, which examines how Jewish mystical traditions, especially Kabbalah, informed abstract American art in the post-World War II years.
Erudite and heady, Rothbart said that his work can be viewed through the lens of tikkun olam, the Jewish imperative to help repair a fractured world, but it also borrows from Japanese culture, outer space imagery, Marcel Duchamp’s dadaism and Greek mythology.
The title of his exhibit references Sibyls, the Greek female prophets who were consulted in catastrophic times, not unlike our current era cursed by floods and wildfires and heat waves.
Rothbart started thinking about floating sculptures in 2007 for a piece he was conceiving for the Venice Biennial. A city surrounded by water cried out for it. Japanese glass fishing floats came to mind.
“The Japanese fishing floats would wash up on shore in Oregon where I grew up,” he recalled. “I loved the fragile recycled pieces of glass that came from the orient and that I could de-contextualize a common object and in so doing create something new.”
To anchor the sculptures, Rothbart and his assistant kayaked to the middle of the pond. There, once he established where he wanted each sculpture, he dropped each form, now attached to two to five-pound iron weights.
“The sculptures are sensitive to any existing life in the water,” he said. “The pond here has turtles and fish. I’ve found that the animals adjust to the new forms. I love the relationship between life in the pond and the foreign objects.”
Three artists, one flood
The Interchurch Center in upper Manhattan is currently hosting Noah, A Future of Hope, 3 Faiths/ 3 Artists/ 1 Story. A traveling exhibit, it employs the story of Noah and the flood to gently remind viewers to save, protect and celebrate the environment. The topic is explored respectively through a Christian, Muslim and Jewish vision. The artists — Yona Verwer, a Dutch-born Jew, Brian Whelan, a British-born Christian of Irish heritage and Hady Boraey, an Egyptian Muslim — each merge their religious identity with personal aesthetics and the need to advocate for the environment.
“Each artist was invited to create eight paintings that visually inspire our imaginations to heal our world by honoring our intricate connection to the earth as our sustainer, and by maintaining a sacred balance with all her life forms,” said curator Paul G. Chandler in his introductory remarks at the exhibit’s opening night reception. “In this way, the story of the ark, its animals, and the flood, take on contemporary relevance as we face today’s climate crisis.”
Seven is a significant number in each religion, so Chandler selected seven core lessons, each reflecting some part of the Noah story, for the artists to address. The eighth painting from each artist served as a kind of synopsis of the work that was to follow.
Water is a common image throughout the exhibit; indeed, water plays a major role, not only in Judaism, but in Christian and Islamic rituals as well, from Christian baptism to the washing of feet and hands before prayer in a Mosque.
When I asked Chandler if he could guess the religion of each artist on the basis of their paintings he said he could for the Jew and Christian, but wouldn’t have had a clue that Boraey emerges from an Islamic tradition.
“His paintings have an individual aesthetic and a more universal feeling. Still, you never see the face of Noah in his work. In Islamic tradition you can only view him from the back. To see his face is idolatry. Jews have the same tradition, but may not adhere to it as rigidly.”
Some of Verwer’s work incorporates Hebraic texts and characters. In “Care for the Species,” a figure is blowing a shofar. Similarly, Chandler said, he’d know that Whelan’s paintings were made by a Christian. They are literal illustrations of key moments in the Noah story.
His depiction of Noah evokes a figure right out of vaudeville, grinning broadly, sporting a little hat and in more than one instance looking slightly confused.
“Christians turn catastrophe into a kind of children’s bedtime story,” Chandler said. “It’s very Christian to sanitize the story. Jews don’t do that.”
“My being Jewish — a religious Jew—has had a bearing on how I look at everything,” said Verwer who says that water and its preservation is deeply important to her not least because for more than 2,000 years Judaism has had many rules to safeguard water. As a Holland native, she, like Rothbart, grew up near water and so it was always part of her universe.
Verwer’s work is also exhibited in an accompanying solo show, Fluid Futures-Living Waters, which features eight paintings that explore ocean pollution through a comic sensibility. One piece, bal tashchit (prohibition against needless destruction) depicts an octopus, submerged in deep ocean waters, clutching a soda can in its mouth.
“I don’t feel a painting is finished if I haven’t laughed at least once,” Brian Whelan said. “But it also needs a message.”
His major challenge was Chandler’s insistence that the paintings embrace a note of optimism.
“I don’t see any hope in what’s happening to this planet,” said Whelan. “My work mostly follows in the tradition of East Anglican medieval narrative paintings found in churches dating back to the 14th-to-16th centuries.”
For me his strongest piece is “Humans Outside the Ark Perished,” which appears in his linked, one-man show, 40 Days and 40 Nights. Here we see desperate hands reaching towards Noah for safety. A mouse sits alongside Noah, a poignant image. It’s safe and sound compared to the desperate humans.
Of the three painters, Boraey said his work was the least likely to be connected to any one particular religion. Unable to obtain a visa to the States he spoke to me on the phone from the Northern coast of Egypt.
He said his piece “The Great Collapse” spoke most vividly to both the Noah story and the ecological precipice we’re now facing as a result of climate change.
In the foreground, we view Noah from the back gazing out across a body of water at masses of people crushed together and almost immobilized as they hopelessly struggle to move forward. In the background hangs a giant and cratered blue moon sinking below the horizon and into the ground. It is at once foreboding and exquisite.
Having participated in exhibitions in the Middle East and Europe, Boraey said he was most influenced by the surrealist art movement in Cairo in the late 30s. The marriage between folkloric and political motifs is its hallmark.
The Noah tale for him is “both pessimistic and optimistic because hope is always there and they survived at the end of the story,” he said. “Noah saved humanity. He reminds us that we have to be very careful with the earth.”
In harmony with nature
Back at Snug Harbor, the late afternoon heat dome has made the airless, sun-baked space even more relentless than it was earlier in the afternoon. Rothbart’s visitors are slowly straggling out of the park, some wiping away sweat with bits of tissue, others fanning themselves; still others pouring water from their bottles onto reddened necks and arms and legs indifferent to the water splashing on to their clothes.
“Talk about global warming and climate change,” he told me. “This weather only drives home the point of just how serious this is and how we have to learn to live in harmony with nature and our environment.”
Serpentine Sibyls will run through Sept. 28.
Noah: A Future of Hope will run at the Interfaith Center through Aug. 26 and then continues its global tour.
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Fire at Postville, Iowa, kosher meat processing plant shuts down production ahead of the High Holidays
(JTA) — A major fire at one of the largest kosher meat processing plants in the United States is poised to increase the price of kosher meat ahead of the High Holidays, in addition to devastating the plant’s local community.
Investigators in Postville, Iowa, said on Wednesday that the fire that devastated AgriStar Processing started accidentally in the facility’s laundry room. The fire, which began on Tuesday, destroyed at least 75% of the plant and has put more than 600 people out of work, Fire Chief Jeff Bohr told the local TV network KCRG.
The fire has also interrupted a linchpin of kosher meat production, according to OU Kosher, the oversight agency run by the Orthodox Union.
“The damaged facility means a significant portion of kosher beef and chicken slaughtered and sold in the US will not enter the kosher supply chain,” Rabbi Moshe Elefant, the organization’s CEO, said in a statement on Wednesday. “Kosher consumers will feel the impact of the tightening supply with reduction of availability.”
Elefant said OU Kosher was working to “find solutions for ramping up production at other plants” while warning that the crisis could fuel bad actors.
“Unfortunately, when supply is limited, it creates opportunity for unscrupulous individuals who seek to make money by preying on the well-meaning Kosher observant public,” he wrote.
Jarad Bernstein, the executive director of the Jewish Federation of Greater Des Moines, said the fire represented “a terrible situation” in an email to the Jewish Telegraphic Agency.
“The impact on the local community and the business will be large,” he said.
The fire is not the first time that a crisis at AgriStar has sent the community into a tailspin. In 2008, a federal immigration raid at the plant, then known as Agriprocessors, netted the arrest of hundreds of workers and led to the arrest and conviction of the company’s longtime CEO Sholom Rubashkin on 86 counts of bank fraud, mail fraud and money laundering. It also led most of Postville’s Jewish residents to leave the town, which had developed as an unusual stronghold of Orthodox life in eastern Iowa.
Saying that “many people” believed Rubashkin’s 27-year prison sentence had been excessive, President Donald Trump commuted Rubashkin’s sentence in 2017. Rubashkin’s conviction stands.
Canadian Jewish billionaire Hershy Friedman purchased Agriprocessors and reopened it as Agri-Star. He told JTA in 2016 that he had done so after being urged by Jewish leaders to ensure competition in the kosher meat processing industry.
“It wasn’t done for financial purposes; it was done to really cater to the Jewish community,” he said about the purchase. “During the time Rubashkin was closed, the price of beef roughly doubled. After we acquired it, it came right back down.”
Friedman also said he had shored up the company’s employment practices, which had run afoul of the law, and made improvements to the slaughter process that had made Agriprocessors a target of animal rights activists.
Agri-Star said in a statement on Wednesday that it appreciated the first responders who “worked tirelessly and selflessly to protect lives and contain the fire” and the employees who had shown “inspiring” care for each other. It also indicated that it did not yet know the future of the plant.
“We understand there are many questions about what comes next,” Agri-Star wrote on social media. “While we are still gathering information and evaluating our short-term plans, we are committed to sharing verified updates as soon as they become available. We appreciate your patience as we work through this process thoughtfully and responsibly.”
This article originally appeared on JTA.org.
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California law on antisemitism in schools will be enforced after free speech challenge is defeated
(JTA) — A California law to prevent antisemitism in schools will be enforced after a federal judge dismissed a challenge from teachers and students who said it violated free speech.
U.S. District Judge Noël Wise on Tuesday ruled against a lawsuit opposing Assembly Bill 715, which went into effect in January. The new law introduces measures to curb the “widespread surge in antisemitic discrimination, harassment, and bullying” faced by “Jewish and Israeli American pupils across California.”
As part of the law, California is establishing an Office of Civil Rights with a new statewide antisemitism prevention coordinator for public schools, who has not yet been appointed. The law mandates teachers to provide “factually accurate” instruction rather than “advocacy, personal opinion, bias, or partisanship.” It requires local educational agencies to take action if they find that instruction or school-sponsored materials are discriminatory.
A group of teachers, students and the American-Arab Anti-Discrimination Committee filed a challenge in November. They said the law was unconstitutionally vague, chilled speech in the classroom about Palestinians and discriminated against Palestinian, Arab and Muslim students and perspectives.
Wise said it was too soon to consider these claims, given the uncertainties still surrounding the new Office of Civil Rights, its leadership and how it will define and respond to antisemitism. She also said that teachers and students did not provide sufficient evidence of infringements on free speech, and teachers could not claim speech rights on the job.
“Teacher Plaintiffs are not acting as private citizens and therefore do not have First Amendment rights while teaching,” Wise said in her ruling.
She also dismissed the claim that the law would discriminate against non-Jewish students. “The existence of an Antisemitism Coordinator does not change the Office’s overarching purpose to stop discrimination generally; it merely reflects the State’s decision to accord specific funds to a specific problem,” she said.
Malak Afaneh, a staff attorney at ADC, said the group was reviewing the court’s decision and considering its options.
“AB 715 has already caused educators to alter the way they teach out of fear that classroom discussions or activities could trigger complaints or investigations,” Afaneh said in a statement. “When teachers feel compelled to abandon cultural identity projects or avoid discussions about Palestine, it is students who are denied the opportunity to engage with diverse ideas and perspectives.”
The Jewish Community Relations Council of San Francisco celebrated Wise’s decision as “great news.”
“This ruling, and the fact that the case has been dismissed with prejudice, affirms that AB 715 is a strong, legitimate approach to protecting Jewish students — and all students — against harassment and discrimination,” the group said.
This article originally appeared on JTA.org.
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