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JSPAN Scores Victory in Church-State Amicus Brief

by Judah Labovitz and Ted Mann, JSPAN Board members and members of the Church-State Committee
On June 1, 2009, the Court of Appeals for the Third Circuit decided the case of Donna Kay Busch v. Marple Newtown School District in a long-awaited decision. JSPAN had submitted an Amicus Curiae brief almost two years ago. We did so because the case involved an important church-state issue which, wrongly decided, would have created a very bad precedent in an area of the law of special importance to the Jewish community. Happily, the case was not wrongly decided.

Donna Busch is the Evangelical Christian mother of Wesley, who at the time of the events discussed below, was a five-year old kindergartner in a Marple Newtown Township elementary school. It was Wesley’s week in the “All About Me” program. During that week, parents were invited to read to the class something from their child’s favorite book. According to his mother, Wesley’s favorite book was the Bible, and she intended to read to the class five verses from Psalm 118, beginning with “Give thanks unto the Lord, for he is good; because his mercy endures forever” and ending with “The Lord is my strength and my song, and is become my salvation.”

The principal would not permit her to do so, although he did permit Wesley to bring into class and to display a poster depicting some of the youngster’s favorite things, including his church. So, represented by the Alliance Defense Fund (a conservative Christian organization founded by many Christian ministries to defend “family values” and as a response to the ACLU), Mrs. Busch sued the School District claiming, among other things, that she had been denied the freedom of speech guaranteed by the Constitution’s First Amendment.
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JSPAN’s Fifth Birthday Celebration & Annual Meeting

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CeaseFire PA Condemns Vote to Allow Guns in National Parks

On May 20, 2009, CeaseFirePA strongly criticized leading members of Pennsylvania’s congressional delegation – including Senators Bob Casey and Arlen specter – for succumbing to pressure from the NRA and voting to allow people to carry loaded guns into national parks.

“I am appalled that members of Congress in the Pennsylvania delegation – particularly Senators Casey and Specter – voted for this shameless amendment to allow guns in our national parks,” said Phil Goldsmith, president of CeaseFirePA’s board of directors. “This amendment means people can now carry loaded guns into the Independence Park area, into Washington Square Park, and Valley Forge National Park as well.
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Measuring Poverty in America

On May 14, 2009, The Washington Post’s “On Faith” Forum published the following op-ed by Rabbi Steve Gutow, president, and Melissa Boteach, senior policy associate and poverty campaign coordinator for the Jewish Council for Public Affairs. The essay explores the parallels between the biblical commandment to conduct a census of all the tribes of Israel, and the necessity of determining better methods of keeping track of and measuring the condition in which people live in the United States through a reformed Federal Poverty Measure.

This Shabbat, Jews will read from the book of Numbers, the Torah portion in which G-d commands the Israelites to undertake a census. On a superficial level, the census in the desert is about tallying the numbers of the 12 tribes for military purposes. However, at the heart of the concept of this census is the need to count every person, to include and to value each soul, and consequently, to govern society according to an accurate assessment of how people are doing. How do we know that? The chapter could simply mention each tribe and its population, but it does not. Unlike any census here in America, the Torah names a person as it mentions the tribe. It adds humanity to the census. It tells us that this census is about people and if it is to be used to protect a society, to assign responsibility, to fairly and equitably share benefits among the whole, each person matters.
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Civil Rights Coalition Fights PA Constitutional Amendment on Marriage

As marriage equality for same-sex couples gains momentum in other states, advocates across Pennsylvania are condemning state legislators who intend to introduce a constitutional amendment that would define marriage as solely between one man and one woman. On May 19, 2009, the Value All Families Coalition called the proposed amendment “a divisive distraction” from issues that Pennsylvanians care most about. JSPAN is an active member of the Value All Families Coalition. The coalition is comprised of diverse statewide, regional, and local organizations that support equality for lesbian, gay, bisexual, and transgender Pennsylvanians.
To access HB 300, click here.

Your elected representatives need to hear from you about why they should support HB 300. Click here to find their contact information.

“This is an issue being driven by a special interest group that is misleading our elected officials and the public by implying that our legislators have not dealt with this issue,” Kaskey added., “Same-sex marriage is already against the law in Pennsylvania. The Pennsylvania Defense of Marriage Act was enacted in 1996. Surely, the majority of the members of the Senate realize they have been elected to deal with the real problems Pennsylvanians face. We urge them to spend their time on more pressing issues.”
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Shavuot: The Wilderness Experience that Tested and Defined Us as a People

Rabbi Elliot J. Holin is the spiritual leader of Congregation Kol Ami, Elkins Park, PA, and a member of the board of JSPAN.

On erev Shavuot, May 28th, and on Shavuot, May 29th, we will celebrate the holy day that commemorates the gift of the Ten Commandments on Mount Sinai. Great drama defined the moment: “As morning dawned, there was thunder and lightning, and a dense cloud upon the mountain. It was surrounded by smoke, for the Lord had come down upon it in fire. The smoke rose like the smoke of a kiln, and the whole mountain shook violently.” {Exodus 19:16-18}.

Some people were surely terrified by this awesome display of power, while others must have been captivated by the unfolding moment. I imagine that everyone was speechless. Those whose nerves were shattered at Sinai by fear and doubt helped create the Golden Calf. It was their greatest folly. It hastened their deaths.

There were others who discovered the meaning of faith, defined as “the ability to depend upon.” They held their breath and hoped that God would now tell them what was expected of them. Slowly but surely, they were being forged into a community of faith. It would take time and patience.
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Vote Your Vanguard Shares: Important Action from Investors Against Genocide

If you are a Vanguard customer, watch for your proxy ballots and vote your conscience on this important issue. Look for Question 3 on the ballot page.

Vanguard is urging customers to vote “against” Question 3 stating that the company adopted a policy that is “substantially identical” to our shareholder proposal. However, despite the encouraging announcement about this policy, we were disappointed to learn from Vanguard’s SEC filing on March 31 that they actually recently increased their holdings of PetroChina and other large oil industry partners of the government of Sudan which help fund the genocide in Darfur. Vanguard offers no explanation for its choice to buy more stock in these companies. Vanguard declines to release the policy adopted by its funds’ Board of Trustees, the names of companies about which it has concerns, or how it intends to implement the policy with problem companies. Vanguard’s lack of action and lack of transparency fails to demonstrate its commitment to shareholders who deserve to feel confident that their savings are not connected to genocide.

The voting will remain open up until the shareholders meeting on July 2. All Vanguard shareholders can change their vote to be FOR Question 3 right up until the meeting. For instructions on how to change your vote or if you no longer have your voting materials, get more information at

Also, whether you are a customer or not, please send an email to Vanguard, telling them to immediately divest the problem companies and become more transparent about their policy on companies tied to human rights abuses. You can send an email by pasting this address into your browser:

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Tell Sen. Kerry to End Genocide in Darfur

Please call Senator Kerry today at (202) 224-2742 with the following message:
“Thank you for heading the first Congressional delegation to Darfur since 2007 and your commitment to ending the genocide. I live in [Name of State] but write to you in your capacity as Chairman of the Senate Foreign Relations Committee. I am extremely concerned by the Obama Administration’s statement that it is giving the Government of Sudan 30 days to restore humanitarian aid to Darfur in exchange for talks on normalizing relations with the U.S. It is more than one month since aid workers were expelled. Conditions are already dire. This 30 day period only gives President al-Bashir time to further his goals of exterminating Darfuris. Please do not allow the U.S. government to use the lives of Darfuris to bargain over politics.”

If you cannot call, please go to http://kerry.senate.gov/contact/email.cfm to send an email. Fill in the form, select “Foreign Relations” in the Topic pulldown menu. Insert ” Your Trip to Darfur” as the subject. Copy and paste the message above in the box, insert the state of your residence to replace the bracketed text, and submit.

Thank you, and please tell a friend!

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30th Anniversary of Signing the Israel-Egypt Peace Treaty: Looking Back

Thirty years ago - on March 26, 1979 - the peace treaty between Israel and Egypt was signed in Washington, D.C. and, a week later, was celebrated in Cairo, Egypt. Below, JSPAN Board member Ted Mann, who was the chairman of the Conference of Presidents of Major Jewish Organizations at the time, recalls his and his wife Ronnie’s remarkable week with Menachem Begin and Anwar Sadat as the drama unfolded.

JSPAN wants to thank the Jewish Exponent for permitting us to print this reflection. It appeared in the March 26, 2009 issue of that newspaper.

My wife, Ronnie, and I were vacationing in Puerto Rico on March 12, 1979 when Israeli Prime Minister Begin tracked me down in my hotel room to tell me that he and President Carter had resolved their differences over a peace agreement with Egypt, that he would urge his Cabinet to accept the resolution and that it would then be up to Egyptian President Anwar Sadat to accept or reject the final treaty terms. He was indescribably happy. So was I.

There was much high drama over the next two weeks, in my view totally manufactured, as Carter shuttled between Cairo and Jerusalem, wrapping up the details. A peace treaty was finally signed by Sadat and Begin on the White House lawn on March 26.

Begin and I met after the signing and he told me he had been invited by Sadat to come to Cairo the next week to celebrate, and he asked me to join him. I replied that regrettably I couldn’t because Ronnie and I would be celebrating our 25th wedding anniversary. So he said, “Bring Ronnie, too, and we will all celebrate together in Egypt.”
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State House and senate Members Form Bi-Partisan Legislative Caucus to Address Pennsylvania’s Hunger Issues

by Senator Daylin Leach, (D-17). Sen Leach represents the Delaware County municipalities of Haverford and Radnor and the Montgomery County municipalities of Bridgeport, Conshohocken, East Norriton, Lower Merion, Narberth, Norristown, Plymouth, Upper Merion and West Conshohocken.

Pennsylvania is a leader in food and agriculture production, yet many of its residents are struggling to find ways to put food on their tables. The most recent USDA study on hunger found that 10 percent of Pennsylvania families are at risk for hunger – more than 492,000 households across the state. In one third of those households, one or more members also suffer from hunger. Additionally, Department of Agriculture Secretary Dennis Wolff testified last month that more than 1.2 million Pennsylvanians – nearly 1 in 10 residents – are at risk for food insecurity.

What’s the difference between hunger and food insecurity? Not much, if you ask those who are at risk for either.

According to The Center for Rural Pennsylvania, food insecurity is defined as “limited or uncertain availability of nutritionally adequate and safe foods or limited or uncertain ability to acquire acceptable foods in socially acceptable ways,” while hunger is defined as “the uneasy or painful sensation caused by a lack of food. The recurrent and involuntary lack of access to food … a potential, although not necessary, consequence of food insecurity.”

The current economic crisis is putting more stress on many families, and times are even tougher for those who already face financial difficulties. When researching the need to implement a Legislative Hunger Caucus, Sen. Mike Brubaker (R-36) found that hunger is at its highest level in Pennsylvania since the USDA began collecting data in 1995. Food insecurity is up by 20 percent since the 1996-1998 survey, and hunger is up by 27 percent. Simply put, a declining economy affects more than just gas prices and housing costs – it can also have a major impact upon the physical and emotional well-being of families.
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What Passover Means to All of Us

by Rabbi David Straus, JSPAN Board member and spiritual leader of Main Line Reform Temple Beth Elohim, Wynnewood, Pennsylvania

Of all of the holidays in the Jewish year, I think Passover might be my favorite, for several reasons. Pesah is intimately connected with Seder, and Seder with family and friends. It is, in so many ways, the quintessential memory creator and memory maker holiday. And, while I admit, after a few days, Matzah does get a little stale, I love the many foods associated with Passover, again, because it brings me back to wonderful memories of large family Seders with my grandparents, who have passed away, and memories of our extended family all being together—which now is increasingly difficult, as we live literally all over the country. It is no wonder that sociologists of American and Israeli Jewry tell us that Seder is among the most observed of all Jewish holidays.

And, like many members and friends of JSPAN, I suspect there is another reason we are especially drawn to this holiday. It is because the themes and messages of Passover resonate so strongly with those of us committed to Jewish Social Action and Social Justice. On Seder night we read, “Rabban Gamliel taught, in every generation, each person must see him or herself as though they personally went forth from Egypt.” It is a most universal of Jewish teachings (note it says each person, not each Jew). Passover it not just a memory of ancient history—it is a rehearsal for us for our tasks in the world concerning social transformation. We need to redeem ourselves and our world from the bondage of slavery—literally and metaphorically.

In the Midrash, our rabbis and sages do a word play with the word for Egypt (Mitzraiyim), and re-read it as Mi-tzar-im—from places of narrowness. That is, we must liberate ourselves and our world not only from the bondage of slavery, but also from that which keeps us narrowly focused and unable to see, if you will, another way, or the big picture, or from that which keeps us from seeing the other, and only focused on our needs and concerns—be they individual or communal. Pesah is about liberating our minds and our souls from visions of narrowness. Of course, liberating ourselves from places of narrowness is not an easy task. Redemption and change, weather personal or communal, never is. Which brings us to the egg.
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Arrest Warrant for Sudanese President

Contributed by Emily Broad, former Executive Director of JSPAN. Emily recently graduated from Harvard Law School, where her studies focused on international human rights law, particularly on political and judicial responses to mass atrocities.

On Wednesday, March 4, 2009, the International Criminal Court made history when it issued an arrest warrant for Sudan’s President, Omar Hassan Ahmad al-Bashir, for atrocities committed in the Darfur region of Sudan. The arrest warrant charges al-Bashir with war crimes and crimes against humanity for his role in the widespread murder, rape, torture, and displacement of civilians in Darfur. This is the first time that the ICC has issued an arrest warrant for a sitting head of government, although heads of state have been charged with crimes at other criminal tribunals.

ICC Prosecutor Luis Moreno-Ocampo also filed charges against al-Bashir for genocide, but the ICC judges found insufficient evidence in order to issue the arrest warrant on this charge. This was due to the restrictive intent requirement for the crime of genocide, which can only be satisfied with proof that the accused had the “specific intent” to “destroy, in whole or in part, a national, ethnical, racial or religious group” (Rome Statute of the International Criminal Court, Art. 6). Instead, the warrant was issued only for war crimes and crimes against humanity, both of which are easier to prove, as they do not require evidence that the victims were singled out on the basis of race, ethnicity, religion, etc.

Al-Bashir’s arrest warrant has caused a massive backlash by the Sudanese government and civilians, as well as the heads of other sympathetic nations. Al-Bashir’s supporters argue that the ICC is a tool for Western colonialism, as evidenced by the fact that the ICC has, to date, only investigated or issued warrants for African conflicts. Though this is true, three of the four criminal investigations underway at the ICC are for conflicts in States Parties to the ICC, who referred their own cases to the ICC. While Sudan is not a State-Party, its conflict was referred to the ICC by the United Nations Security Council.
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JSPAN Joins Amicus Brief Opposing Proposition 8



On January 15, JSPAN filed an Application in the California Supreme Court to join in an amicus brief “in opposition to Proposition 8 and in support of Petitioners.” The brief has been submitted by a multi-faith coalition led by the California Council of Churches (CCC) and the Progressive Jewish Alliance, and includes fifteen national and international faith organizations, fourteen statewide and regional faith organizations, over 160 local congregations and faith organizations in California, and almost 700 California clergy and faith leaders.

The Application states that it “has been brought on behalf of a coalition of diverse national, regional, statewide and local religious and faith organizations, as well as individual clergy and faith leaders from across California. …. By submitting this Application, these organizations and individuals hope to lend strength in numbers to the objections and concerns that religious groups have already described to the Court and to demonstrate that the vocal religious proponents of Proposition 8 do not speak for all of, or even most of, the faith-based community in California.”

In summary, the applicants “believe that same-sex couples should be afforded the same fundamental rights as different-sex couples to participate in the State-sanctioned institution of marriage.”

In the text of the Application, JSPAN’s Statement of Interest is listed third in the section on the rationales of seven “national” organizations for joining the argument. Kudos to the JSPAN Legal Committee for receiving such recognition from their interfaith partners working on this effort, and our heartfelt thanks for the many hours spent drafting a separate JSPAN brief before the decision was made to sign on to this document!

To read JSPAN’s Statement of Interest, click here. (Note the reference to Rabbi Rebecca Alpert’s new book, “Whose Torah? A Concise Guide to Progressive Judaism.” Please see details in this newsletter about a JSPAN-sponsored program with the author on February 26.)

To read the brief submitted by the California Council of Churches and the Progressive Jewish Alliance, click here.

 

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Prof. Edelman Addresses JSPAN Award Ceremony for Dan and Sheila


Ken Myers, Sue Myers and Jeff Pasek contributed to this article.

The fourth annual Social Justice Award was presented to Sheila and Dan Segal at a reception at the Independence Visitor Center on December 9. Keynote speaker was Georgetown Law Professor Peter Edelman, a long-time friend of the Segals, who spoke on “Life after Bush: Social Justice in the New Administration.”

The award program welcome was provided by co-chairs Ruth Laibson and Adena Potok who introduced Professor Edelman. Well known as a national expert in the fields of poverty, welfare, and juvenile justice, Professor Edelman was a Legislative Assistant to Senator Robert F. Kennedy and served as Issues Director for Senator Edward Kennedy’s Presidential campaign. During President Clinton’s first term, he served as Assistant Secretary in the U.S. Department of Health and Human Services. He is also the past President of the New Israel Fund, the leading organization committed to democratic change within the State of Israel.

Professor Edelman described the coming transition to the new Obama Administration as “a transformational moment” an exercise in democracy that we have seldom seen.” But for those who would advance the progressive agenda, it is “only the beginning of our work. Democracy is not a spectator sport. It will take the same outpouring of support [received by Obama in the election] to carry out his program,” according to Edelman. The work to be done includes steps “to revitalize defunct agencies” to protect working people.” Moreover, “when it comes to poverty and near poverty, we need to press the Obama Administration to do more.”
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Same Sex Marriage

JSPAN Adopts Policy on Same-Sex Marriage

On December 1, 2008, the JSPAN Board overwhelmingly adopted the policy statement below concerning the issue of same-sex marriage. The Board also decided to file a brief in Strauss v. Horton, the consolidated cases pending before the California Supreme Court challenging the validity of California’s Proposition 8. That “proposition” amended the California constitution to overrule a decision by the California Supreme Court last May, which held that the California constitution guaranteed same-sex couples an equal right to marry.

Stay tuned for updates on this important case!

Same-Sex Marriage

  • Mindful and respectful of the diversity of views within the Jewish community and other religious communities on the issue of same-sex marriage;
  • Dedicated to preserving the separation of church and state as an essential bulwark of individual liberty;
  • Committed to promoting a democratic, pluralistic and just society in which individuals are entitled to participate as full members of the political community unencumbered by invidious discrimination in any aspect of life on the basis of race, color, creed, religion, national origin, ancestry, age, disability, sexual orientation, gender identity or marital status; and
  • Aware that a long and sorry history of discrimination against lesbians, gays, bisexuals, transgender individuals and members of their families has weakened our community, undermined family values and deprived individuals of the ability to share their lives with partners based on loving, committed, long-term unions with the equal dignity granted to others under the law;

The Jewish Social Policy Action Network endorses the following statement of policy:

  1. We defend the authority of any clergy or denomination to continue to define its own requirements with respect to religious marriages and oppose any government action that would interfere with that right.
  2. We support the continued ability of members of the clergy to perform civil marriage ceremonies consistent with the requirements of civil law.
  3. We support recognition that marriage under civil law is independent of any particular religion’s views.
  4. We support making marriage under civil law available to consenting couples without regard to their sexual orientation or gender identity.
  5. We support extending all rights, privileges and obligations of heterosexual marriage to same-sex marriages.

 

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