Sarah McCulloch.com

Trans and Judaism: Inclusion from the Perspective of Several Jewish Movements

It is a sad fact that I have to write a disclaimer, but due to the past abuse I have received from some who feel they represent (and police) all trans people, I must state that this essay has been read, and approved of, by numerous trans people of variant genders, including my wife, my best friend, and Benjamin himself. If there is something you object to, this is your personal opinion, and if you write to me about it, I will read your comments with interest but treat them as such. Please do not claim you are the spokesperson for all trans people everywhere. Thanks.

Trans people and their interaction with Judaism is an issue few have discussed anywhere in the world, much less among Britain's small Jewish community, although dialogue is on the increase.¹ Nonetheless trans people are and can become part of the Jewish tradition. This guide will focus on the case study of a young trans person who is seeking to convert Judaism in order to explore and analyse the resulting halachic issues. Benjamin is an 18 year old genderqueer person who was born biologically female but has been taking testosterone for approximately two years and is comfortable with being associated with a male gender identity. He was born in Belfast and raised there until moving to Scotland at the age of 16. He moved to Manchester in 2009 in order to study. Benjamin was raised in the Church of Ireland by his mother but became interested in Judaism from a schoolfriend who introduced him to Jewish religious rituals. This held special significance to him because his grandfather was Jewish. He was strongly affected by reading the Shema, saying he broke down in tears, “I don't know if I can really explain what a really clear, religious feeling feels like, but that was one of those moments.”² He first sought conversion from an Orthodox synagogue in Belfast, but they did not accept converts. He then approached a Reform synagogue in Scotland, but was rejected because of his age. He has yet to contact a synagogue in Manchester. In considering this case study, both progressive and orthodox sources were consulted, including responsa, articles, and personal correspondence.

Jewish trans people can face difficulty within their own communities for their gender identity and expression. In a responsa regarding the appropriate attitude to transsexuals in the Orthodox community, Rabbi David Bleich wrote “Transsexuals should be encouraged to undergo treatment to correct endocrine imbalances, where medically indicated, and to seek psychiatric guidance in order to alleviate the grave emotional problems which are frequently associated with this tragic condition.”³ This kind of response to the lives of trans people is not helpful. As Benjamin made clear in his interview, he is not confused about who he is or what he wants from life – he wants to be accepted as who he is, not who a rabbi thinks he should be.

Progressive traditions, such as the Reform and Liberal movements, are highly individualistic and so consider a person's circumstances personal to them; however, Rabbi Reuven Silverman, rabbi of Manchester Reform Synagogue, recognised this as a concern even with Reform Jewish communities, saying, “Acceptance by a community is a big one. In my experience this depends largely on how successful the gender modification had been.”⁴ The Hillel LGBTQ Resource Guide also concurred with this idea: “Most of the available responsa related to transsexuals and transgender people follow a similar and traditionally Jewish argument – the law is interpreted by what is visible to the observer.”⁵ In many ways, this concept of accepting what is externally observable does make life easier for trans people such as Benjamin who can pass successfully.

The progressive movement have also supported religiously observant trans Jews by systematically degendering their religious practices, for example removing the requirement that men and women sit apart in services and requiring men to perform devotions that women are technically exempt from but practically forbidden in Orthodox circles. Rabbi Reuven Silverman, when asked about Jewish observance for trans people after they had transitioned from one gender role to another (for example, the requirement for men to lay on tefillin with no such requirement for women), replied “I doubt such things as tefillin would apply. In Reform either sex may wear tefillin.”⁶ For Reform and Liberal communities, their efforts to promote gender equality to include women, has been positive for trans inclusion as well, and any transphobia which Jewish trans members may experience is more rooted in social conservatism rather than religious exclusion. The same cannot be said of the Orthodox movement, who view trans people as at best ill and at worst morally deviant, and as with many other Jewish minorities in Orthodoxy, the struggle to be included continues.

Jewish acceptance of trans people for conversion appears to be strongly correlated to the Jewish tradition to which one adheres. On being asked whether the Reform movement in the UK would accept a trans person for conversion, Rabbi Silverman wrote, “Reform and Liberal are accepting - including for conversion.”⁷ Rabbi Chaim Weiner, head of the European Beth Din for the Masorti movement, was more doubtful on the issue of accepting trans people for conversion. Although he maintained that trans people were welcome to convert, regarding Benjamin's case, he also wrote, “in every conversion case a sponsoring Rabbi would look into the motivation of the individual, and the psychological suitability of the candidate. The sponsoring Rabbi would be extra careful in this type of case, as the 'need' to undergo both a change of gender and a change of religion would raise questions about issues of personal identity and the underlying motivations.”⁸

Similar to the issue of religious observance raised earlier, trans people pose unique issues for Jewish religious leaders. An issue that Benjamin faces, as many female-to-male (FTM) converts to Judaism, is that of circumcision. Halacha requires all able Jewish men to circumcise themselves as a sign of the covenant between the Jewish people and God. Female-to-male trans people who have not undergone phalloplasty, however, identify as male but are not physically able to be circumcised. This has caused numerous trans people considerable anguish. Rabbi Weiner commented, “The sponsoring Rabbi and Bet Din would need to determine what the requirements would be vis-a-vis circumcision. If circumcision was possible, it would be required.”⁹ However, in Benjamin's case, it is generally accepted that female-to-male-trans people cannot be medically circumcised to halachic standards.¹⁰ Nonetheless, some form of ritual that recognises that person's desire to convert as the gender identity they have taken on seems necessary. Julie Adler, leader of Berit Mila Program of Reform Judaism, which organises religious circumcisions, wrote, “In general what [our scholars] recommend to transmen who would like this is some form of hatafat dam brit (a ritual drawing of a drop of blood, not a whole circumcision) and an adaptation of a bris ritual. [One] says that he has been asked by a few rabbis whether or not they OUGHT to expect hatafat dam brit with conversion and his answer is generally that the conversion candidate himself should make the decision as it is very personal and really depends on how the individual understands his gender and spirituality.”¹¹ The Committee on Jewish Law and Standards of the Rabbinical Assembly in America, accepted as authoritative by the British Masorti community, ruled that, “An FTM person would not require a hatafat dam brit. If the person would like to have hatafat dam brit we should permit it.”,¹² clarifying in a footnote, “The individual together with his Rabbi should develop some prayer or statement that would express his religious feelings now that his sex status has changed.”¹³

It is noteworthy that the emphasis of the Masorti movement is placed on the spiritual gains of the act rather that the halachic requirement (of which there is none). This entire conversation is moot in the Orthodox community, however, with Rabbi Avi Shafran, a Haredi rabbi and director of Agadoth Israel of America speaking for most Orthodox authorities when he claimed, “Halachically, and that’s all that should matter to an Orthodox Jew, if the physiology is clearly male or female, then they are considered that.”¹⁴ It seems highly unlikely that an openly trans candidate would be accepted for conversion under the auspices of a British Orthodox rabbi,¹⁵ as long as they hold such attitudes. Unfortunately, trans issues are rarely as simple.

In conclusion, the issue of trans people has not been much raised within Jewish communities, but in the responsa literature and rabbinical circles at least, they have received a hearing. The disparate conclusions reached by progressive and orthodox Jewish authorities have been firmly based in their differing traditions. What religious leaders should take from Benjamin's experience is that trans people are very real, and very present in the community, even if they may not be very visible, and that they have the same religious needs and desires as every other Jew or convert. It is important to consider when interacting with trans people that in addition to the rejection often suffered as part of conversion to another faith, they often come with a long history of other emotional struggle, to both accept themselves and be accepted by those around them. Addressing trans inclusion in Jewish communities today is a task that the progressive movements have begun, but which the Orthodox community is shirking badly. The LGBTQ Resource Guide contains the following advice on dealing with trans people pastorally: “Many transgender or transsexual Jews live with a great deal of fear that they will no longer be able to participate in Jewish religious life or life-cycle events, that they won’t be accepted in their Jewish communities, or that G-d will be disappointed in them. Do your best to be especially sensitive to these fears, and reassure students as best as you are able.”¹⁶

Glossary

Beth Din: A religious court with at least three rabbis who deliver judgements on points of Jewish law. Although few courts are legally binding in any countries, they licence kosher food producers, approve divorce applications, and certify converts, among other duties.

FTM: Someone who is FTM, or Female-to-male, is someone who was assigned a female gender at birth but who feels that they actually identity as male. They may or may not undergo transition or switching of gender roles.

Genderqueer: Someone who is genderqueer identifies outside the standard binary gender spectrum of man-woman, preferring a definition of themselves which may lie between or beyond these identities, perhaps identifying with characteristics of both or rejecting the idea of assigned genders at all.

Gender role: A gender role is a specific characteristic, trait of behaviour, which is conventionally considered by society to be exclusive or near-exclusive to a single gender (for example, the idea that all women are caring and nurturing, or men are good at DIY, etc.)

Halacha: Halacha is the body of religious law by which Jews live their daily lives. Traditions differ on whether rabbinic rulings are included in halacha or whether they are binding or not upon Jews.

Haredi: Haredi Judaism, sometimes called Ultra-Orthodoxy, is a extremely conservative religious movement that rejects all engagement with modern culture and values. Haredi Jews will often live in segregated communities, wear old-fashioned clothing, and speak Yiddish as their main language.

Masorti: Masorti, which means “tradition” in Hebrew, is a movement in Britain and Israel that accepts halacha as normative and binding on all Jews, but which believes that it can be reinterpreted for the sake of modern-day values. For example, Orthodox Jews will not drive on the sabbath, at all, but Masorti Jews are permitted to drive in order to get to synagogue because it is felt that the merit of attending a service is greater than the prohibition of driving.

Orthodox: Orginally meant as a pejorative term, Orthodox Judaism is a movement which believes in the sanctity of tradition and which accepts both the Torah and the Talmud, or Oral Law, as normative and binding on all Jews. Orthodoxy loosely splits into two movements: Modern Orthodoxy, which accepts the binding nature of Jewish law and rabbinical edict, but which also accepts modernity and modern technology; and haredism, or Ultra-Orthodoxy, which rejects the modern world completely (see Haredi in this glossary).

Passing: Passing is the ability of someone to be perceived as their target gender. If an FTM transsexual is perceived as a non-trans man in public, then he is said to 'pass'.

Phalloplasty: A phalloplasty is the artificial construction of a penis, usually through surgical means. Current surgical techniques are poor however, and not widely undergone by trans people.

Shema: The Shema is three paragraphs from different sections of the Torah which form the Jewish profession of faith and is recited daily by observant Jews.

Tefillin: Tefillin are leather boxes containing scriptural verses written on parchment, which are bound to one's left arm and forehead during Jewish morning prayers. Traditionally tefillin were only worn by men, but progressive Jewish movements have permitted women to also lay on tefillin in recent times.

Trans: Trans is an umbrella term to describe various identities which in some way implies gender varience. This includes people who are transsexual, or medically transitioning from one sex to another, and also transgender, who transition from one gender role to another, as well as a whole host of other identities.

Transition: Transitioning is the process by which someone takes on a different gender identity to the one which they were assigned at birth. This often includes changing hairstyles, clothing, behavioural habits and possibly having sex reassignment surgery.

Transphobia: Transphobia is discrimination expressed towards people because of their perceived gender identity. This discrimination may be verbal, physical, economic or medical, among others.

Responsa: A legal opinion, usually by a rabbi, on an aspect of Jewish law.

Annotated Bibliography

1. Bleich, David, Contemporary Halachic Problems, Volume 1, (USA: Ktav Publishing House, 1977).

In this multi-volume work of responsa, Rabbi Bleich attempts to consider several contemporary halachic issues and delivers many new rulings on different aspects of Jewish life, such newly developed electronic devices and the problems of a reestablished Israel. It is written from an authentic Orthodox perspective, and thus is thoroughly grounded in responsa literature and other codifications of Jewish law, but also tends to take an abstract approach to issues that seemingly disregard the very real people behind his rulings. The publishing date of 1977 may be a contributing factor, but the real effect is to make some of the issues discussed in the work very outdated and, in some cases, rendered somewhat obselete (for example, a responsum about the Soviet Union is included).

2. Hillel: The Foundation for Jewish Campus Life, Hillel LGBTQ Resource Guide, (Washington D.C.: 2007).

A publication by America's ecumenical national Jewish student organisation, the Hillel LGBTQ Resource Guide is an attempt to help plug the gap between straight and LGBTQ Jewish students. It is written by a senior member of Hillel who is openly gay, who writes with inclusivity and sensitivity for most sexual minorities. The resource guide also covers including the needs of religious students who may find including LGBTQ students difficult, and includes some common sense advice about bringing all groups together in the Jewish student community.

3. Rabinowitz, Mayer, Status Of Transsexuals, Committee on Jewish Law and Standards of the Rabbinical Assembly (adopted December 3, 2003).

As an official paper outlining the formal position of the American Conservative Jewish movement on the status of transsexuals, this report is both extensive and well-founded in the relevant Hebrew literature. Very, if any, historical or rabbinic sources are omitted from the consideration of the question of the recognition of transsexuals in the Jewish tradition. Great sympathy for the people concerned is displayed, which many trans readers of the paper may find comforting. As with the work of David Bleich, this paper is somewhat outdated; although published only six years ago much has happened in the world of trans rights since, and the responsa necessarily cannot reflect this.

4. Spence, Rebecca (December 31, 2008), “Transgender Jews Now Out of Closet, Seeking Communal Recognition”, The Jewish Daily Forward.

An article published by The Forward, a left-of-centre weekly newspaper from New York, Rebecca Spence, a journalist who regularly covers LGBT issues, covers the rise of Jewish discourse on trans people with insight and clarity. She interviews the first openly transgender rabbi, Elliot Kukla, and Reuben Zellman, first openly trans rabbinical candidate, both of whom add authenicity and authority to the piece. It perhaps may have been of use to consider the broader picture of Jewish movements, as it seems unlikely that everyone is quite as interested in trans people as Spence makes out, but it is certainly informative and well-written.

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