Josh Yuter, in A Conservative Compromise lays out the alternatives open to JTS and discusses the very careful press release JTS issued yesterday about the decisions from the Law Committee. His discussion focuses on the question of whether JTS will decide to ordain gay people as rabbis. He also raises the question of what kind of sexual activity might be permitted to gay or lesbian rabbinical students.
JTS, however, is not the only Conservative seminary, and the administration and faculty of each seminary are free to make their own decisions about whether to ordain openly gay people. The University of Judaism will be admitting openly gay students.
He also says that "at no point did the CJLS permit homosexual behavior." And following from this, he says, "Furthermore, assuming JTS does in fact decide to admit homosexuals I'd be curious to see how they follow the CJLS ruling. Since even the most lenient CJLS position still prohibits homosexual intercourse, would JTS admit openly sexually active students in defiance of the CJLS? I'm sure JTS could initially adopt a don't ask don't tell policy, but assuming someone's private activities do become public, how would JTS adhere to their commitment to Conservative halakha?"
This discussion is leaving out several important points:
1) Not all gay people are men. Lesbian sex, of whatever type, is not even discussed in the Torah. The one talmudic discussion of it is only in the context of whether a woman who engages in some kind of sexual activity with another woman would then be disqualified from marrying a man from the priestly caste. Maimonides in his code, the Mishneh Torah, disapproves of it and says that men should make sure that their wives stay away from women known for engaging in these activities. If the only prohibited activity is anal intercourse, then this is something that women can very easily avoid engaging in.
2) Not all sex that two men engage in with each other is anal intercourse. There are lots of other ways to have a good time. In a discussion many years ago that I had with Shlomo Ashkinazy, one of the men interviewed in "Trembling Before G-d," Sandi Dubowski's movie about gay and lesbian Orthodox and ultra-Orthodox Jews, he suggested that what gay men needed to avoid is anal intercourse, not other sexual activities.
3) From my knowledge of JTS' policies, they frown on all premarital sexual activity. This raises the question of whether, if they choose to admit gay students, will they require those students to be in committed relationships if they wish to be involved sexually? (As they would require of heterosexual students).
