Modern-Day Homosexuality
In terms of friendship, the answer is obvious–we keep a distance–in business, however, there is the question as to What obligation the modern Torah-Observant Jew has towards homosexuals who are open about their sexuality, since in the Diaspora we do business with a variety of individuals and we are not allowed to discriminate.
In Leviticus 20:13 we learn that Hashem has instructed Israel to impose the harshest of all possible punishments for the sin of homosexual relations among men. My question is this: If the Halacha does not change with the times, are we to interpret the same punishment is still valid today for a modern day Israel –which is a nationalist state and not a Theocracy? Is this punishment not reserved for a Theocracy whereby the Moshiach is our leader? BECAUSE…..If that punishment were to be followed, it would be devastating to Israel’s relations with other countries–especially Europe– which has a more tolerant policy, and that lack of business that would result would create further damage to our ability to do other mitzvot. Therefore, what is Modern day Israel obligated to in terms of relations with sexually immoral individuals (many of whom are Israelis)
Answers
First, it is important to point out that the State of Israel is not governed according to Torah Law. This means that, in most cases, there is only a tenuous connection between the laws of the State of Israel and the Laws of the Torah. So, you need not be the least bit concerned that the State of Israel will start imposing Torah Law on its citizens, and you need not worry that the “enlightened,” “liberal” and “cultured” governments in Europe will be devastated.
In any event, there is no Torah Law against homosexuals. The prohibition is against the act of homosexuality. Even when the Torah Law was sacrosanct, such as in Biblical times, the death penalty was hardly ever initiated, because the legal requirements to find someone guilty of a capital crime were extremely demanding and unlikely to occur.
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