Deuteronomy 23:1 (Christian Text) 23:2 (Jewish Text)

The Issue:

Just one chapter further into Deuteronomy we read the following verse: “No one whose testicles are crushed or whose penis is cut off shall be admitted to the assembly of the Lord” (NRSV). This verse refuses acceptance to eunuchs—Israelites who were castrated. Some people believe this verse forbids gender-diverse people from having gender-affirming surgeries.

Responses:

"[Deuteronomy 23:1 and Leviticus 21:17–21] comes down hard on anyone or anything outside the norm, it seems. Only those who are whole and unblemished in these particular ways may be admitted into the assembly of the Lord or serve God and the assembly as a priest. However, the Hebrew Scriptures also oﬀer another historically later view, one that is much more positive and inclusive. The portion of Isaiah that addresses the Jews held in captivity in Babylon and promises God’s deliverance in the near future reads: ‘Thus says the Lord: Maintain justice, and do what is right, for soon my salvation will come, and my deliverance be revealed. Happy is the mortal who does this, the one who holds it fast, who keeps the sabbath, not profaning it, and refrains from doing any evil. Do not let the foreigner joined to the Lord say, “The Lord will surely separate me from his people”; and do not let the eunuch say, “I am just a dry tree.” For thus says the Lord: To the eunuchs who keep my sabbaths, who choose the things that please me and hold fast my covenant, I will give, in my house and within my walls, a monument and a name better than sons and daughters. I will give them an everlasting name that shall not be cut off’ (Isaiah 56:1-5). The prophet Isaiah, preaching to an enslaved community and promising hope and deliverance by God, includes eunuchs in his description of the broadness of God’s redemption. These heretofore outcasts are not merely to be included in the new Jerusalem that will follow the end of exile, but will also be honored, elevated, and given a ‘name better than sons and daughters.’” – Bishop Gene Robinson, Transgender Welcome: A Bishop Makes the Case for Affirmation.

“Extrapolating from conditions that produce psychological pain or distress even in the absence of a recognized psychological diagnosis, in which surgery is permitted, to Gender dysphoria, which is not only a recognized, diagnosable condition, but one that can cause distress severe enough to lead to suicide, GCS [Gender Confirmation Surgery] should be permitted. Certainly נפש פקוח , saving a life, would override any halakhic objection to the surgery. But even absent threat to life, symptoms of pain and distress, to the extent they can be relieved by surgery, are certainly enough to overcome objections based on the prohibitions of self-wounding and endangerment. As to whether genital surgery violates the specific prohibition against castration, one need only look at conditions like testicular or ovarian cancer. If the best hope for survival is removal of the testicles or ovaries, surely no one would argue for avoiding this treatment because of the biblical or rabbinic prohibition of castration. Even women who do not have cancer but because they carry the BRCA gene mutation are at increased risk of breast or ovarian cancer, may choose to undergo prophylactic removal of their ovaries. Since in the case of GCS, the removal of the gonads is being done to treat a medical condition, and may in some cases be lifesaving, it should be permitted as well.” – Rabbi Leonard A. Sharzer, Transgender Jews and Halakhah, resolution adopted by Committee on Jewish Law and Standards of the Conservative Rabbinical Assembly.

Questions to discuss: