You are a member of the Conservative movement’s Committee on Jewish Law and Standards. The committee is considering whether to negate its ban on Conservative clergy performing intermarriages. You must present a 1375 word position paper discussing the following sub-issues.

  1. Read carefully the last paragraph on p. 132. Based on Professor Cohen’s analysis, discuss which of the categories/scenarios eliminating the ban on intermarriage best fits, and explain your reasoning. Note that there are four scenarios discussed: 1) the most radical being a change of Torah law; 2) the least radical being a change involving two options that both have strong support in the tradition (the kitniyot issue we discussed notwithstanding this being a difference between Sephardim/Ashkenazim); and two intermediate scenarios: 3) a change that has a basis in the tradition despite a well developed consensus the other way (eg, women not reading Torah and having aliyot); and 4) a change or modification of a tradition that involves a rabbinic law (including a Talmudic law) or a law that is seen as somewhat biblical and somewhat rabbinic.
  2. Explain how the Conservative movement can justify this change according to a cultural analysis of the law. Please think about the various elements of a cultural analysis approach to law that we discussed in class, particularly how these elements apply to Jewish tradition. Your answer should consider the implications of the material about the Patrilineal Resolution on pp. 133-143 and the general lawmaking process of the Conservative movement based on our class reading and discussions.
  3. Explain how the Conservative movement can justify keeping the status quo according to a cultural analysis of the law. Think about the goals of cultural analysis that we discussed in class, and the various elements as they are applied to Jewish tradition (hint: remember that authenticity and preservation of cultural tradition are important cultural analysis values). Again, your answer should consider the implications of the material about the Patrilineal Resolution on pp. 133-143 and the general lawmaking process of the Conservative movement based on our class reading and discussions.
  4. How do you think you will vote on this issue. Explain your choice.

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