by extension, how the movement
alone.
approaches the issue in the future.
Under Chancellor Schorsch "we
"Dr. Schorsch has attended the last
consistently have strong annual cam-
two retreats of the Committee on
paigns, a balanced budget and effec-
Jewish Law and Standards," said
tive financial management," a semi-
Rabbi Nevins, who serves on the
nary spokeswoman said in an e-mail.
committee as well as on Rabbinical
That's despite news reports that
Assembly's executive council. "He
emerged in December indicating that
reviewed my paper on brain death,
JTS was in debt and was selling off
which
was approved and praised its
buildings and instituting a hiring
sources, methodology and
freeze to cover loans. JTS
conclusions. We have also
denies it froze hires and
engaged in many conversa-
continues to maintain that
tions regarding the important
its financial position is
topic of Halachah and homo-
strong.
sexuality. We share the dual
Since its inception, the
concern of preserving the
Conservative movement has
integrity of the halachic sys-
walked a fine line between
tem while also providing for
adhering to Halachah
the dignity of gay and lesbian
(Jewish law) and embracing
Rabbi Berkun
Jews. Hopefully, a consensus
modernity and a modern
which accomplishes both of
approach to religious obser-
these goals will emerge in the
vance.
coming year."
Chancellor Schorsch often
has come down on the side
of tradition, a stance that
What's Next?
has not been without con-
The role of women in the rab-
troversy.
binate may be another area in
"It's much easier to join a
which a new chancellor could
movement that doesn't have
make strides, observers say.
norms," he said in a recent
Conservative women rabbis
interview. "The challenge of
Rabbi Nevins
are paid less than their male
Conservative Judaism is to
counterparts, occupy fewer
be in and of the world
senior positions and are more
without surrendering the
likely to be unmarried,
importance of norms and
according to a movement sur-
boundaries."
vey.
Among these boundaries
A new JTS head could work
is the movement's policy
to
ensure that those arenas
precluding the ordination of
that are supposed to be egali-
openly gay rabbis and
tarian "are truly egalitarian,"
against allowing its rabbis to
said Rabbi Bradley Shavit
officiate at same-sex wed-
Artson, dean of the
dings. Some have said pri-
Rabbi Yanoff
Conservative movement's
vately that it was unlikely
Ziegler School of Rabbinic
these policies would be
Studies at the University of Judaism
changed as long as Chancellor
in Los Angeles — and could work to
Schorsch was at the seminary's helm.
move gender issues into the public
Chancellor Schorsch, for his part,
eye.
dismisses the argument.
"Chancellor Schorsch's impact on
"I don't exaggerate my influence,"
he said. "I think I've been a voice. I'm JTS has been fundamental," Rabbi
Yanoff said. "He helped to usher JTS
not sure I've been a determinative
into the modern age as a Jewish uni-
voice. The debate will continue."
versity.
I know that his influence will
In March, the Committee on Jewish
continue to be felt for many, many
Law and Standards of the movement's
years to come as this is a most signifi-
rabbinic arm will meet to examine
cant time for Conservative Judaism."
several teshuvot or responsa on the
Chancellor Schorsch for his part,
place of homosexuality in the
said he doesn't envision a lame-duck
Conservative movement. Those with
year as he prepares to step aside. He
knowledge of the committee's work-
hopes to raise "more money that ever"
ings say it could pass teshuvot both in
favor of and opposing an easing of the this year, and to continue pushing
movement's restrictions on homosexu- "the agendas I've been pushing."
Above all, he said, "I'd just like
ality. In certain cases, it would be the
to bring the plane in for a safe
new chancellor who would determine
landing." ❑
which teshuvah to rally around, and

Shalt Vs. Shalt Not

Supreme Court's rulings on Ten Commandments
raise more questions than answers.

MATTHEW E. BERGER
Jewish Telegraphic Agency

Washington
he U.S. Supreme Court's split
rulings this week on the pub-
lic display of the Ten
Commandments is likely to lead to
further confusion on what's permissi-
ble and what's not, analysts say.
The high court determined that
some monuments cast a religious mes-
sage and therefore violate the separa-
tion of church and state. But taken
together, the rulings on two separate
but related cases are likely to be
viewed as an endorsement of public
displays of the Ten Commandments,
as long as they are erected with a secu-
lar objective.
In a 5-4 ruling, the high court said
two displays in Kentucky courthouses
were illegal because they portrayed an
overtly religious message. In his
majority opinion, Justice David Souter
suggested some displays are appropri-
ate if they're religiously neutral,
including the one in the U.S.
Supreme Court building itself.
The court also ruled in a separate
case, 5-4, that Ten Commandment
monuments are permissible on state
grounds, such as the display between the
Texas State Capitol and Texas Supreme
Court in Austin. The court believed the
declared purposes of the display, to
honor the Fraternal Order of Eagles and
promote civic values, were genuine.
The ruling "says clearly that any dis-
plays that are put up prospectively,
there will have to be a very clear
inquiry into the purpose," said Steven
Freedman, director of legal affairs for
the Anti-Defamation League.
The rulings garnered mixed reactions
from American Jewish groups, most of
which have opposed the public display
of the Ten Commandments in a reli-
gious context. Some groups said the
court left much room for the display of
religious content on government prop-
erty, if cloaked behind other purposes.
"It's going to require them to be cir-
cumspect in their intents, which is not
a bad thing, but will lead to some
=
hypocrisy," said Marc Stern, general
counsel for the American Jewish
Congress.
On the other hand, "It strains the

7

imagination that displays of the Ten
Commandments in courts can be
viewed as an establishment of reli-
gion," said Rabbi Abba Cohen,
Washington director and counsel for
Agudath Israel of America. "All such
displays simply seek to acknowledge
the commandments' historical signifi-
cance for the rule of law."
In the Kentucky case, McCreary
County v. ACLU, a majority found
that the displays of the Decalogue
were used to emphasize a religious
message, especially since they had first
been put up by themselves, before
being surrounded by other historical
documents after court challenges.
That went too far, Souter said, writ-
ing for a majority that included
Justices John Paul Stevens, Ruth Bader
Ginsberg, Stephen Breyer and Sandra
Day O'Connor. For a display to be
constitutional, Souter said, "the secu-
lar purpose required has to be gen-
uine, not a sham, and not merely sec-
ondary to a religious objective."
Justice Antonin Scalia said in a dissent
that religion was part of the country's
history. He made the case for govern-
mental acknowledgment of a monothe-
ist society, noting the three dominant
religions in the country — Christianity,
Judaism and Islam — all believe the Ten
Commandments were given to Moses.
"Publicly honoring the Ten
Commandments is thus indistinguish-
able, insofar as discriminating against
other religions is concerned, from pub-
licly honoring God," Scalia wrote. "Both
practices are recognized across such a
broad and diverse range of the popula-
tion — from Christians to Muslims —
that they cannot be reasonably under-
stood as a government endorsement of a
particular religious viewpoint."
In the Texas case, Van Orden v.
Perry, Chief Justice William Rehnquist
said the Ten Commandments are reli-
gious; but they can also have a dual
purpose. He noted Moses was a law-
maker as well as a religious leader.
"Simply having religious content or
promoting a message consistent with a
religious doctrine does not run afoul
of the Establishment Clause," he
wrote, in an opinion joined by Scalia,
Breyer, and Justices Anthony Kennedy

SHALT VS. SHALT NOT on page 19

6/30

2005

17