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Rulings, and the Ones That Mattered

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Rulings, and the Ones That Mattered

Conservative Judaism is unusual in having an actual legislature for halakha, which is what its theory requires: if the law develops, someone must be authorised to develop it.

That body is the Committee on Jewish Law and Standards, attached to the Rabbinical Assembly. It considers formal responsa and adopts them by vote, and, crucially, it may adopt more than one position on a question, leaving individual rabbis to choose which to follow for their congregations. Very few things are declared standards binding on all. The result is a movement with real legal machinery and deliberate internal pluralism, which critics on both sides read as either rigour or as a way of avoiding decisions.

Three rulings define it in practice. In 1950 the committee permitted driving to synagogue on the Sabbath, on the reasoning that suburban Jews who could not walk would otherwise not attend at all; it is the most criticised decision the movement has made, held by its own later scholars to have accelerated the decline of walkable Jewish neighbourhoods. In 1983 the Jewish Theological Seminary voted to ordain women as rabbis, after years of dispute that led a traditionalist minority to leave and found the Union for Traditional Judaism. And in 2006 the committee adopted contradictory opinions on homosexuality, one retaining the traditional prohibition and one permitting the ordination and marriage of gay and lesbian Jews, with individual institutions free to follow either; the seminaries moved to ordain.

On patrilineal descent the movement went the other way. Reform recognised the child of a Jewish father as Jewish in 1983; Conservative Judaism did not, and continues to require matrilineal descent or conversion, which keeps its conversions and marriages closer to Orthodox recognition without securing it.

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