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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.”


The post Queer yeshiva to publish first-ever collection of Jewish legal opinions written by and for trans Jews appeared first on Jewish Telegraphic Agency.

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The part of the Hanukkah story we ignore — and why it matters to converts like me

Converts to Judaism are often treated as rare exceptions — surprised looks, intrusive questions, comments like “who’s the lucky girl.” Yet conversion is no anomaly. It is now more common than at any point in the last 2,000 years. You see it in synagogue pews. You see it in rabbinical leadership.

As Hanukkah approaches, with its call to make Jewish identity visible, I keep returning to what happens when people choose Judaism — and to the parts of our tradition that do not fit the story we usually tell.

We often repeat that Judaism doesn’t seek converts. But clearly, people are seeking Judaism. Hanukkah forces us to ask what kind of Judaism they are finding by looking at the holiday’s own complicated history with power and conversion.

We usually tell Hanukkah as a straightforward story of good and evil: a small band of Jews defends their faith against an empire, and a miracle in the Temple affirms that steadfastness can overcome adversity. The holiday’s defining commandment, pirsum ha-nes — publicly proclaiming the miracle — seems equally simple. We put the menorah in the window for all to see. Judaism doesn’t hide.

But if you look more closely at the history behind that beloved story, Hanukkah is also about force, conversion and the question of what kind of Judaism we choose to embody when we’re no longer powerless.

John Hyrcanus, a later Hasmonean ruler and direct descendant of the Maccabees, is rarely mentioned in Hanukkah celebrations. Yet his legacy haunts the holiday. A generation after the revolt, Hyrcanus used the political power of the Hasmonean kingdom to forcibly convert the neighboring Idumeans to Judaism. A movement that began as resistance to assimilation ended in the coerced assimilation of others. The people whose story we tell as a fight for religious freedom became, in time, the ones taking that freedom away.

It’s an uncomfortable truth, especially for those of us who, like me, chose Judaism. I didn’t convert to marry in or reclaim distant ancestry. I converted because I saw in Judaism a faith worth choosing: a tradition grounded in human dignity and a God who seeks relationship. For years I was told Judaism was always a non-proselytizing, purely voluntary faith, the opposite of traditions that sought converts — including Jews — through coercion.

But our own texts complicate that narrative. Near the end of the Book of Esther, in a verse most Purim spiels rush past, we read: “And many of the people of the land professed to be Jews, for the fear of the Jews had fallen upon them.” That is not a story of seekers drawn by theology, but of people compelled to join the Jews out of fear.

When Judaism welcomed seekers

Those coercive moments sit alongside a very different strand of Jewish history — one in which Judaism didn’t force, but attracted. In the late Hellenistic and early Roman era, Christian and Jewish sources describe synagogues filled not only with those born Jewish but with converts and “God-fearers,” people drawn to Jewish ethics, study and monotheism. As a convert drawn to Judaism by faith alone, I came to see myself not as an anomaly, but as part of that long line.

Centuries later, a similar universalist voice resurfaced in 19th-century America, especially in the early Reform movement. Rabbis such as Isaac Mayer Wise preached Judaism’s mission not as an inward inheritance but as a message about human dignity meant for the world.

In 1870, laying the cornerstone of Columbus, Ohio’s first synagogue, Wise told a largely non-Jewish crowd that Judaism’s purpose was to remind humanity that “God hath made man upright,” A direct rejection of the Christian doctrine of Original Sin. Synagogues etched Isaiah’s verse — “For My house shall be a house of prayer for all peoples” — onto their facades and welcomed neighbors of every faith inside. Converts were welcomed as a natural extension of that conviction.

That confidence, too, was battered by history. Mass immigration of Eastern European Jews, the Holocaust, and the urgent work of supporting refugees and the new State of Israel all pushed the universalist voice to the background. Yet, more people are converting to Judaism than at any point since Roman times.

Meanwhile, religious identity in North America has become unusually fluid. Many people describe themselves as spiritually seeking but institutionally unaffiliated, brushing against Jewish life through family, friendships or personal study.

And yet, the gatekeeping persists. Converts are asked to defend their legitimacy. Jews-by-choice face skepticism in Israeli bureaucracy and suspicion in American Jewish spaces. I’ve been told I “don’t look Jewish,” and once, at a community film screening, another attendee — a fellow Jew — grabbed my name tag and publicly questioned whether I was really Jewish.

Those moments aren’t just rude; they reveal a deeper anxiety about boundaries: the fear that if Judaism is too open, it will lose itself. It’s a fortress mentality, one that sees every door as a potential breach.

What Judaism we reveal now

Hanukkah offers another possibility. The holiday asks us to present Judaism so that others can see it. It remembers a moment when Jews refused to disappear, and it also reminds us that Jews have sometimes used political power in ways that betrayed our deepest values. To take Hanukkah seriously in our time is to recognize that Jewish history, like the histories of all faiths, holds moments of both coercion and holiness — and that we have a choice about which lineage to lean into now, when seekers are again at the door.

The question is not whether Judaism should send out missionaries. Rather, it is whether we will live as if Isaiah’s verse still says what we claim it does: that our house is meant to be a house of prayer for all peoples, including those who, in every generation, find their way to our door.

This Hanukkah, as we place our menorahs in doorways, balconies and windows, the question beneath pirsum ha-nes is sharp: What kind of Jewish confidence are we proclaiming — a brittle confidence that closes in on itself, or a steadier confidence that welcomes those moved by the stories and ethics we are illuminating?

The miracle is not only that the Jewish people have survived. It is that Judaism continues to draw people in. The doors we open — or keep shut — will determine who gets to stand in that glow with us.

The post The part of the Hanukkah story we ignore — and why it matters to converts like me appeared first on The Forward.

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The Jewish left is misplaying its hand — by not focusing enough on Jews

A few weeks after I moved to Jerusalem this fall, I was barred from entering the Tomb of the Patriarchs on a visit to Hebron. Three soldiers stopped me almost as soon as I stepped through the entrance. “Do you support Palestine?” one asked. “Are you a Muslim?” another demanded.

I was confused — perhaps I was at the wrong door? The occupation has made separate entrances for each religion, with one for Jews and another for Muslims. Passport in hand, I told the soldiers that I am Jewish, had just moved here, and was visiting the Tomb for the first time. I gestured to the chai, Hebrew letters meaning “life,” around my neck. It did no good.

I had forgotten that I was wearing a t-shirt from the Taybeh Brewing Company. The shirt had the company’s name in Arabic, with the word “Palestine” printed beneath it. The soldiers demanded my friends and I stand against a wall as they searched our bags. Their anger only intensified as I explained that Taybeh is a beer company, whose product is enjoyed across Israeli cities.

Eventually, their superiors arrived, and told my friends and I to leave. Something as trivial as a T-shirt was seen as damning enough to negate my Judaism, as well as whatever rights come with it in this Jewish state.

I have heard many stories like this: Jews are banned from holy sites, communal activities, and institutions central to Jewish life, simply for showing care for Palestinian existence. This fall, two friends of mine, both Jewish-American, Hebrew-speaking women, were deported from Israel for participating in an olive harvest in the West Bank.

The consequences of these red lines affect Jews in the diaspora as well as in Israel. I personally know many Jews who have had their Judaism treated as illegitimate because of their criticism of Israel. An Orthodox friend of mine was bullied out of her college’s Jewish society for displaying posters that paired Jewish liturgy with images of destruction in Gaza. Another friend’s brother was barred from a synagogue after he was spotted in a video of a pro-Palestinian protest. And in some rabbinical schools, recent efforts seek to blacklist applicants who question Zionism.

Yet rarely do I hear these stories told in Jewish activist circles and used as campaign fuel. That’s a mistake. If we want to build a movement capable of affirming a different version of Jewish life in this land and throughout the diaspora, we must talk about the ways in which Israel harms Jews.

The left often prioritizes spotlighting the urgent needs of Palestinians — rightly, and with good reason. Palestinians are unequivocally oppressed. Gaza lies in ruins; Palestinians in the West Bank endure unprecedented state-backed settler violence; and the full death toll of two years of war — plus continuing Israeli strikes in Gaza — remains unknown.

But the deescalation that has accompanied the current ceasefire has opened an opportunity for the Jewish left an opportunity to reflect and redefine its strategy. What future, exactly, are they fighting for? And how can they best go about that fight?

Too often, Jewish leftist spaces shy away from these questions. What does the egalitarian, diverse and thriving Jewish future the left seeks to build look like in Israel and beyond? How does this future address the many legitimate questions Jews have about their safety and identity there?

When the left fails to answer these concerns, it invites Jews to be skeptical of the merits of its vision. If the Jewish left cannot articulate a way forward to a meaningful future for Jewish safety, belonging and spirituality in Israel, Jews will continue to seek those things from the reactionary forces who paint morbid pictures.

That’s a bad outcome for Jews, as well as for Palestinians.

Right now, Israel’s government enforces a hierarchy of Jewishness. In doing so, it prioritizes versions of Jewishness rooted in nationalism, and erodes the vast historical treasure trove of diverse Jewish expression.

This is no accident. Systems built on injustice turn those affected by them against each other. The narrow definitions of “good Jewishness” advanced by Israel’s government only serve to weaken our people. The Jewish left must present a contrast: A strong plan for Jewish life in Israel that uplifts the spiritual and cultural traditions of the Jewish people, and coexists with a peaceful, free future for Palestinians. A vision of abundance, rather than the specter of scarcity that dominates today’s politics.

Of course, the alienation I and other Jews have experienced in Israel and because of Israeli policies pales in comparison to the violence, dispossession, and racism Palestinians have long faced under Israeli rule. But both emerge from the same supremacist logic. The same system that decides who is human enough to enter, pray, and live.

To challenge this system, the Jewish left must include Jewish stories of exclusion in the narrative of our politics—not to distract from Palestinian suffering, but to expand understanding of what this movement truly aims to accomplish: A good future for Jews and Palestinians, equally. After all: How can a state that punishes Jews for wearing the wrong t-shirt claim to protect us?

The post The Jewish left is misplaying its hand — by not focusing enough on Jews appeared first on The Forward.

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A new bill would ban protests near synagogues, after the Park East protest. Is that legal?

A protest outside a prominent New York City synagogue has prompted a bill that would ban demonstrations within 25 feet of houses of worship and reproductive health care clinics. But free speech advocates say the proposed restriction raises constitutional concerns that could put the measure on shaky ground.

“This bill, especially as written, would ban an enormous amount of protests in New York and contradict pretty well established First Amendment protections for protest on sidewalks and public streets,” Carolyn Iodice, legislative and policy director for the Foundation for Individual Rights and Expression, told the Forward.

If passed, the bill could tee up a legal clash over how to balance the protection of worshippers with protesters’ First Amendment rights.

State Assemblyman Micah Lasher, who introduced the bill, defended it in an interview with CNN: “There needs to be some reasonable space so that people who are trying to enter a house of worship or reproductive care facility can do so without having to run a gauntlet,” he said.

Mayor-elect Zohran Mamdani was reportedly receptive to the idea of limiting protests near houses of worship during a conversation with Rabbi Marc Schneier, the son of Park East Rabbi Arthur Schneier. Later, Mamdani told the Forward that he would consult community leaders and  legal experts before determining whether he supports the legislation.

Why was the bill introduced?

Lasher said he introduced the legislation partly in response to a protest outside Park East Synagogue, where demonstrators objected to an event inside promoting immigration to Israel. Protesters chanted slogans like “death to the IDF” and “globalize the intifada.”

Mamdani condemned the demonstration and said New Yorkers should be free to enter houses of worship without intimidation. But he also said that “sacred spaces should not be used to promote activities in violation of international law,” referring to the promotion of Jewish settlements in the Israeli-occupied West Bank.

That statement drew outrage from some Jewish leaders who view making aliyah, or immigrating to Israel, as a core Jewish value. Two weeks later, UJA-Federation of New York hosted a rally outside Park East Synagogue, where speakers condemned the protesters’ rhetoric.

Speaking to the crowd, Rabbi Arthur Schneier backed the legislation and urged attendees to call their representatives to express support.

“Legislators, keep your eyes open,” Schneier said. “This is what we want.”

What are the constitutional concerns?

In weighing constitutionality, courts consider whether a law restricts more speech than necessary to achieve the government’s interest.

In this case, if the state’s goal is simply to ensure physical access to places of worship, there are already laws in place, according to Iodice. A 1994 federal law, the Freedom of Access to Clinic Entrances Act, makes it illegal to use force, threats, or physical obstruction to block access to reproductive health services or houses of worship.

If the government’s goal is to ensure congregants can worship without emotional distress, the bill may be too broad, according to Alan Brownstein, a constitutional law scholar and professor emeritus at UC Davis School of Law.

“Suppose you had three people and they had a sign that said, Reconsider attending this house of worship, because the clergy oppose same sex marriage. And that’s all you had, three people with signs and they’re 20 feet away,” Brownstein said. “Is that traumatizing? Is that so disturbing to people who are going to attend a house of worship that we have to prohibit it?”

It’s also unclear what the bill means by “demonstrating,” he said. Some definitions — like two or more people engaging in expressive conduct — could apply to a wedding ceremony outside a synagogue as easily as a protest.

Legislators also cannot ban speech they dislike while allowing speech they approve. So if the bill only targets protests but permits supportive demonstrations, that creates another legal problem, Brownstein said.

Iodice mapped out locations where the bill would ban protests, including houses of worship, OBGYNs, urologists, hospitals, and abortion and fertility clinics. Screenshot of X

The distance requirement could also be an issue. The bill requires demonstrators to stay 25 feet away from not only the building, but also its parking lot, driveway, and sidewalk, which could make the actual restriction larger, Iodice said.

In a densely packed area like Manhattan, that could eliminate a lot of protest space.

“Banning protests across wide swaths of Manhattan, as a realistic matter, that’s not going to fly constitutionally because of how much speech it restricts,” Iodice said.

There is some precedent for this kind of restriction: Laws creating protest-free buffer zones have been used in a variety of other contexts, including at funerals and abortion clinics in other states.

But it’s an open question whether those cases translate to houses of worship, Brownstein said, because healthcare clinics and cemeteries don’t participate in public discourse in the same way a synagogue or church does.

He considered a hypothetical law barring demonstrations within 25 feet of a political party’s headquarters, in what would be an obvious attempt to silence opposing views.

“Now, houses of worship aren’t political campaign headquarters,” Brownstein said. “But if anyone argued to me that religion is not a major voice in public discourse and debate in the United States, I don’t know where they’ve been.”

The post A new bill would ban protests near synagogues, after the Park East protest. Is that legal? appeared first on The Forward.

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