By Donald H. Harrison
SAN DIEGO, Calif.—That endlessly fascinating question of "what is
'Jewish'?" may be debated again tomorrow (Feb 14) in a federal
appeals court in Pasadena, California, as part of a case dealing with whether
the City of San Diego may provide a preferential lease in Balboa Park to the Boy
Scouts of America.
Opponents to the city's continuing practice of leasing an 18-acre
campgrounds to the Boy Scouts contend it is a religious organization because
scouts are supposed to pray, are not allowed to be atheists, and there is a ban
for religious/ moral reasons against homosexuals becoming members. The Boy
Scouts have responded that although a belief in God is one component of
Scouting, the organization is not, per se, a "religious"
organization. And besides, they argue, the city leases land to other
"religious" organizations, in particular the Lawrence Family Jewish
Community Center, a facility that was built on city-owned land in the eastern
portion of La Jolla.
M.E. Stephens argued successfully in behalf of
the ACLU against the Boy Scouts when the case was decided in 2003 in San Diego
by U.S. Dist. Court Judge Napoleon Jones. Reporter Greg Moran quotes her
on the issue in a
story this morning's San Diego Union-Tribune: "The JCC does not
deny access to the property or services they provide based on taking an oath to
the Jewish faith. When you get there you don't have to put on a yarmulke
and say shalom, but with the Boy Scouts you do."
Well, Stephens didn't mean that the Boy Scouts
actually are saying shalom and wearing kippot but rather that they
wear uniforms and have special oaths which they must swear. At the JCC,
all you have to do to join is to plunk down your money—which numerous non-Jews
do on a regular basis in order to use the center's excellent sports facilities
including a gym, tennis courts, and swimming pool.
Apparently what the attorneys for the Boy Scouts don't understand is that you
don't have to be religious to be Jewish. While "Judaism" is a
religion, the state of being "Jewish" goes far beyond that. One
need only look at the Humanistic Jewish Congregation of San Diego, which is
proudly Jewish but which rejects a belief in God. The group's symbol is a
"Humanorah," which is a menorah with a human being at its center. So
what makes them Jewish, if not their religion? Indeed, what is
"Jewish"?
This question often leads to an interesting analysis of alternatives. Are
we Jews a nationality? Well, of course not.
All one need do is look to see that there are Jews who are fully participating
citizens in many different nations. The United States. Israel.
Mexico. Canada. France. Germany. Russia. Australia. New Zealand. In fact,
practically any country where non-state religions are tolerated.
Well, are we Jews a racial group? No, we're
not that either. We come in all colors. There are the Ethiopian
Jews, who are black; the European Jews, who are white; and the Sephardic and
Yemenite Jews who are somewhere in between. There also are Asian Jews.
Well, are Jews adherents to some
philosophy? Not on your life. We Jews enjoy a variety of opinions on
almost every issue.
Modern sages like Mordecai Kaplan suggested the answer is that we Jews are a
"people" whose "identity" transcends our religion, our
nationality, our race and our philosophy. People who are quite
different—be it a haredi Jew praying at the Wall in Jerusalem, or a
secular Jew swimming at the Lawrence Family JCC—all can be said to be members
of the Jewish people.
Some groups greatly expand these definitions, but at a minimum there is
agreement that a Jew is a person whose mother was Jewish, and who has not
formally converted to another religion. The Jewishness of people falling
outside these two categories is a matter of debate. For example, the
Reform movement says you can be Jewish if either one of your parents is Jewish
if you are raised as a Jew. Other movements have not accepted the concept
of paternal descent. The Orthodox believe non-Jews can become Jews
only if they are converted according to Jewish law, halacha,
as interpreted by the Orthodox. Other movements say non-Jews can become
Jews via non-Orthodox conversions. The nation of Israel, which grants the
right of "return" to any Jew, accepts non-Orthodox conversions,
provided they are performed in other countries. In Israel itself, only Orthodox
conversions are acceptable.
So, who can blame the attorneys for the Boy Scouts for being confused?
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