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The Jewish(?) Forward: Orthodox rabbi performs his first gay wedding nearly a year after endorsing same-sex marriage 

February 19, 2020 By Philissa Cramer 

Rabbi Avram Mlotek posted a photo from the wedding on his Facebook page.
(JTA) — When Nadiv Schorer and Ariel Meiri were married on Sunday, the rabbi standing with them under the wedding canopy was breaking new ground, too.
For Avram Mlotek, a rabbi affiliated with a progressive wing of Orthodox Judaism, it was the first time he had performed a wedding for two people of the same sex. (cont.) 

(Tip Credit: Neo-Conservatism/Open "Orthodoxy" Explained)

Esser Agaroth (2¢):
Many believe that the issur (prohibition) of same-gender marriage is based on משכב זכר (two men engaging in a particular sexual act) mentioned in Leviticus 18:22 and 20:13. And although same gender marriage may increase the chances of transgressing this very serious prohibition, there is another issue at hand here, as well.

"Like the deeds of the land of Egypt, where you dwelt, you shall not do; and like the deeds of the land of Canaan, to where I am bringing you, you shall not do; nor shall you go according to their statutes." (Lev. 18:3)

And what are these "deeds?" According to the midrash halakhah Sifra...

(Sifra 61:1) Like the deed of the land of Egypt and like the deed of the Land of Canaan, you shall not do," Could they not build buildings and plant trees like them? The Talmud says, "nor shall you go according to their statutes." -- I said did not say anything except regarding the laws that are enacted for them and their fathers and forefathers. And what would they do? A man married a man and a woman [married] a woman. A man married a woman and her daughter, and a woman married two [men]. Thus it is said, "nor shall you go according to their statutes."

I am aware of the opinion that נשא refers to sexual relations, and not [simply] to a marital contract. I guess in that case, dare I ask how these "Open-Orthodox" relate to משכב זכר mentioned later on in Leviticus? Please don't tell me they rationalize it away using a semantic argument. I would be very disappointed.

Certainly the opinion stated in Sifra is not the only opinion mentioned regarding these people's "deeds." Nevertheless, this source sticks out, begging for an explanation as to why it is being ignored.

...Mlotek did not use the traditional wedding formula but another ceremony devised by a rabbi focused on LGBT inclusion in Orthodox communities.

Anyone know what these supposed changes are? I'm not saying it matters. I only want to know what his supposed logic is. Is he trying to get around the issur of writing a shtar between two men? Or is he just changing language to be more inclusive? If any of these so called “Open-Orthodox” have already addressed this source, then by all means, please leave a link in the comments.

Even openly gay, Israeli Rabbi Ron Yosef has come out (pun necessarily intended) against same-gender marriage, refusing to disregard halakhic sources. Also, his organization HO"D (Homosexualim Datti'im) states its opposition the particular sexual act mentioned above. Rabbi Yosef does support civil unions, and would like to see more acceptance within the religious world.

*This citation of Rabbi Yosef should should not be considered as any agreement on his part with this post or with this blog. Readers are encouraged to read his position first hand (Hebrew).

Sometimes it seems that some of these so-called Open-Orthodox rabbis prefer to adapt halakhah to their feelings, instead of following halakhah in spite of their feelings. In all fairness, I know at least two graduates of Yeshivat Chovavei Torah who do seem to be grounded in Torah, and open to dialogue with those who may disagree with them. And so, I will not lump them all together. However, many of these Open-Orthodox are more aptly named Reconstructionist, seemingly believing in Judaism as an “evolving civilization.”

This is the approach of Esau, the progenitor of Am Yisra'el's current, and [please God] last, exile of Edom. As Jacob's older twin brother Esau finds that the strategy he is employing to achieve his own aims is failing, he changes it. In short, Esau is guided by his feelings. The Holy One, Blessed Be He's Will for Him is the least of his concerns.

Instead of searching for ways to apply the Torah to new and evolving situations, they appear to be searching for ways to transform the Torah to meet their needs, or rather, their agenda. It appears that, like the Reconstructionists, the Open-Orthodox believe that the past has vote, but not a veto, another classic, Reconstructionist catch phrase. The Open-Orthodox is simply a lot sneakier about its approach.

And what do we call it when one is overly influenced by the galuth (exile) in which one lives, when looking at Judaism?

Assimilation.