Free Speech vs. Respecting the National Anthem

The following is the sermon I delivered on Yom Kippur:

A story: In a synagogue somewhere (it doesn’t matter where), the rabbi instructs the congregation, “Please rise for the Torah processional as the ark is opened and the Torah is taken out.” The rabbi notices one of the synagogue regulars has remained in his seat. He thinks this is odd and makes a mental note to ask Mark during the kiddush following services why he didn’t stand. After the Torah reading the rabbi again directs the congregation to stand and, once again, there’s Mark sitting in his seat.

At Kiddush, the rabbi approaches Mark and greets him with a “Shabbat Shalom.” The rabbi asks Mark if everything is OK and he says it is. The rabbi says that he noticed he did not stand when the Torah came out of the Ark or when it was put back during the recessional. The rabbi peppered him with more questions. “Is there a handicap that prevented you from standing? Do you have a bad back? Do you now get dizzy if you stand?”

Mark then looked at the rabbi and explained, “Because I’m a gay man. I cannot agree with what the Torah says about me or my friends in the gay community. I’m silently protesting the verse in Leviticus that deals with homosexuals. You want me to stand out of respect for a document that, in essence, calls me morally reprehensible – an abomination.

Well, the rabbi thought, on the one hand, it is our synagogue custom that everyone who is physically able to, stands when the Torah is carried around the congregation. But, on the other hand, we subscribe to the democratic ideals of free speech in our country. So, Mark is violating our synagogue policy, our minhag hamakom (our community’s custom), but I also respect him for taking a stand.

Now, I must tell you that I made up this story. But it does serve as an appropriate analogy for the ongoing debate about NFL football players “taking a knee” and refusing to stand during the National Anthem before football games as a form of a protest. I’m not going to get into the reasons WHY these professional football players are choosing to protest… some say it’s because of police brutality, others because of our President’s choice words in condemnation of their protest, and others because of the lyrics in our nation’s anthem. What I do want to discuss today is how we ascribe holiness and meaning to objects, and what happens when our embrace of freedom of speech gets in the way of how we feel about these objects of meaning.

First, take a moment to think about how you would respond to my made-up character of Mark. If you were the rabbi – or a fellow congregant in Mark’s congregation, what would be your response to his decision to not stand for the Torah processional and recessional because he’s at odds over what the Torah says? It’s a plausible act of conscientious objection. What if a group of women in the congregation refused to stand because they didn’t agree with the Torah’s views of women? What if all the non-Kohanim in a congregation objected to the privileges ascribed to the Kohens and refused to stand when the Torah was paraded? That would be a lot of people sitting down in protest!

From just one congregant refusing to stand, it could catch on and then there’d be large-scale protests in congregations around the country – maybe the world. Would we commend the protesters for holding their ground, or would be feel they were disrespecting our Holy Torah?

Remember, ultimately, it was humans who ascribed such holiness to the Torah. And it was humans who ascribed meaning to a poem by Francis Scott Key. Is it not each individual’s right to determine if they should stand or sit for the Torah? For the singing of the Star-Spangled Banner? What if someone chooses to sit for the singing of Israel’s national anthem – Hatikvah? Are they wrong? Are they inconsiderate? Or, are they merely expressing their beliefs and making a statement?

It’s a challenging situation and it’s certainly more complicated than simply saying everyone who is of able body MUST stand for the National Anthem. Looks look at how this controversy began in the NFL.

On August 14, 2016, quarterback Colin Kaepernick chooses to sit for the National Anthem and no one noticed. Mostly because the TV cameras never used to broadcast during the National Anthem unless it was a big playoff game or the Super Bowl. A week later, again Kaepernick sits during the anthem, and again, no one noticed. The following week, he sits and this time he is met with a level of vitriol unseen against an athlete. Even the future President of the United States took shots at him while on the campaign trail. Kaepernick went on to explain his protest had NOTHING to with the military, but he felt it was difficult to stand for a flag that didn't treat people of color fairly.

Then on August 30, 2016, Nate Boyer, a former Army Green Beret turned NFL long snapper, penned an open letter to Colin Kaepernick in the Army Times. In it he expressed how Kaepernick's sitting affected him. Then a strange thing happened. Kaepernick was able to do what most Americans to date have not... He listened.

The Meaning of a Comeback

Much has been made of the comeback in big games this year. Beginning with the NBA Finals this past June when the Cleveland Cavaliers were down 3 games to 1 to the Golden State Warriors. Most basketball fans counted the Cavs out, but the team was led by LeBron James and Kyrie Irving to come back and win the team's first championship. In a best of 7 series, being down 3 games to 1 is usually a death sentence, but the Cavs seem to have set a trend with their come from behind victory.

Next, it was the perennially lackluster Chicago Cubs who, like the Cleveland Cavliers, were down 3 games to 1. Trailing the Cleveland Indians, the Cubs managed to summon the strength in the 2016 World Series and win the team's first championship since 1908. Down 3 games to 1 in the World Series gives your opponent 3 games to win just 1 game, while you have to sweep the final 3 games. Somehow the Cubs managed to do it and millions flooded the Chicago streets to celebrate.

Next up was one of the most exciting tennis matches I've ever witnessed. The finals of the 2017 Australian Open between veteran players Swiss Roger Federer and Spaniard Rafael Nadal. Federer was down, yes, 3 games to 1, in the fifth and final set, but managed to come back and win his 18th Grand Slam title.

Finally, in the NFL there are no championship series like in basketball and baseball. However, in the Super Bowl this past Sunday evening the New England Patriots scored 31 (there are those numbers again!) unanswered points to win their 5th Super Bowl. Quarterback Tom Brady and the Pats were down 25 points to the Atlanta Falcons, but miraculously battled back to win thanks in large part to the best Jewish NFL player Julian Edelman's amazing catch.

The NFL and Its Ethics Problem

The commissioners of the major professional sports leagues have been in the news quite a bit lately. Adam Silver, the NBA commissioner who replaced David Stern a year ago, has received high marks for his first year in office. The biggest items he's currently dealing with are the idea to add four new basketball franchises in Europe and whether to expand the NBA All-Star rosters. NHL commissioner Gary Bettman, who is routinely booed at the NHL All-Star Game and when presenting the Stanley Cup, has actually done a great job of diminishing the role of fighting in the league and has significantly grown the NHL's annual revenue from increased ticket sales, TV contracts and apparel sales. Rob Manfred, the new commissioner of Major League Baseball who replaced Bud Selig, just started his new post and his biggest controversy to date is whether to ban infield defensive shifts.

That brings us to Roger Goodell, the NFL commissioner. It seems that when Goodell isn't dealing with the off-season arrests of his pro football players for everything from drugs and rape to weapons and drunk driving, he's embattled in cheating scandals and lawsuits of former players who barely remember their playing days due to their many concussions.

The NFL's ethics problem isn't new. Eleven years ago, back in February 2004 after Janet Jackson revealed too much during the Super Bowl halftime show, I wrote on this blog that, "So many people are citing this year's Super Bowl as proof of a complete absence of dignity and moral behavior in our society." I then quoted New Jersey Jewish News Editor Andrew Silow-Carroll's argument about the Super Bowl. He wrote, "I hate to sound like a prude, but this year’s Super Bowl was an assault of tasteless, inappropriate, and uncomfortable images — and we missed the half-time show! Like most viewers, I used to look forward to the Super Bowl commercials. But that was before advertisers seemed to decide that the country’s most powerful economic cohort lives in frat houses."

NFL: You Have a Problem

I love watching and playing sports. However, there's one sport that I just never got into as either a spectator or as a player and that is football. I'm glued to the screen for baseball, basketball and hockey games, tennis matches and even golf tournaments, but I couldn't name more than five players on my hometown team, the Detroit Lions, right now. So, when the Ray Rice scandal broke, I only looked at it from the perspective of a human being rather than as a football fan with any allegiance to the NFL.

(If you do love football and are looking for a positive football story involving a young woman this week, check out this article about North Farmington High School in Metro Detroit, Michigan, which has a 14-year-old girl as their kicker and she won their last game for them.)

I hadn't heard of Ray Rice before he physically assaulted his wife (then fiance) in the elevator and I still couldn't tell you what position he plays or for which team. That being the case, I know enough about football to say that the NFL has a very serious problem. A "zero tolerance" policy when it comes to domestic violence means just that. From the initial two-game suspension to allegedly covering up that the full elevator surveillance footage hadn't been seen by the league (as if that mattered), this entire ordeal has been mishandled. The incidents of illegal acts by NFL football players are overwhelming and there is enough of a violence problem that league commissioner Roger Goodell should immediately launch a league-wide program to eradicate it.

I plan to use some of my time in front of the congregation on Rosh Hashanah to speak about domestic violence in one of my sermons. It is a very important topic to bring to light since so many people in abusive relationships remain silent rather than telling their personal stories. One such woman who has decided to end her silence is Tamara Warren. I got to know Tamara during our undergraduate years in James Madison College at Michigan State University. We took several of the same courses and the class size at Madison College was small enough to really get to know each other.

Tamara Warren

I only learned of Tamara's ordeal as the victim in an abusive relationship when she revealed her story in the Detroit Free Press on Sunday and shared the article in her Facebook feed. In her captivating article, Tamara explains how she got into the relationship with her ex-husband and how she got out. Surviving the horrific years in between those two periods in her life make her the hero that she is. Tamara writes:

A Very Jewish Super Bowl

This year's Super Bowl Sunday will place two major Jewish philanthropists against each other. The New York Giants are co-owned by the Tisch family and the New England Patriots are owned by the Kraft family.

Joint Media News Service's Jacob Kamaras provided the "who's who" for both families and which Jewish organizations they all lead. In the Giants' owners' box you have "film and television producer Steve Tisch, son of Bob, as the team’s chairman and executive vice president. Bob’s brother, Larry, was the father of Jim — former president of the UJA Federation of New York and former board chairman of the Conference of Presidents of Major American Jewish Organizations. Jim’s wife, Merryl, chairs the board of the Metropolitan Council on Jewish Poverty."

On the other side of the field you have the Tisch family with "owner Robert Kraft’s wife Myra—who passed away last July—served as chair of the Boston-based Combined Jewish Philanthropies’ (CJP) board of directors and was twice co-chair of CJP’s annual fundraising campaign."

Both families are responsible for donating mega amounts of charitable gifts to major Jewish organizations, both here and in Israel. So, which Jewish owner's team will come out victorious on Sunday night? For that we have to go to Rabbi Joshua Hammerman, who each year uses his Torah erudition to select the Super Bowl winner.

This year, the Connecticut-based Rabbi Hammerman decides to not make a Super Bowl prediction because "this year's matchup hits too close to home - and, more to the point, my prediction before Super Bowl 42 (of a Pats win) did not work out too well. So, because I prefer not to jinx my team, no prediction this year." He does use the Torah narrative to provide some background on the game:

Just before Super Bowl 42, you recall, the Patriots were busted for spying. In my prediction before that Super Bowl, which I am not repeating here, I noted that in the book of Numbers when the Israelite spies confronted "giants" as the scouted out the land, they reported back that they felt "like grasshoppers." I noted that anyone who has ever been to Boston knows that high above that home of the original Patriots, Faneuil Hall, there sits a weathervane in the shape of, you guessed it, a grasshopper!

I also noted (in that prediction, which I'm not repeating here) that the Patriots wandered for just over 40 years before winning the first championship in 2002. So they had already served their time for the sin of the spies, which, as you recall from Numbers, was 40 years. For 40 years, the Patriotic spies were never able to stand up to the Giants...or the Raiders or Steelers or Dolphins, for that matter. But no more. First they sacrificed the Rams in Super Bowl 36, then they pillaged the Panthers and flew on wings of Eagles. Now, coached by a former Giant, they have become giants - in their own eyes, and the eyes of the other teams in the league. 

I then noted (but am not repeating here) that Giants are called both Nefilim and Anakim in the Torah. The Nefilim were mythic humanoids that filled the earth before the flood, much like the Titans of Greek mythology (a Giant-Titan Super Bowl would have been a doozy), while the Anakim were the ones who petrified the Israelite spies. There is one other giant of note in the Bible: Goliath. But it isn't just Goliath who bit the dust, folks. When Rashi tried to explain the term Nifilim, he related it to the Hebrew word "nafal," "to fall." As Rashi (he was so good at predicting games that they called him "Rashi the Greek") understood it, the Giants fell.

Based on Rashi, I concluded then that the Giants would fall. What I didn't account for was the heroism of an unexpected David, whose last name is Tyree, who also happened to be a Giant. That was then, this is now. I can't repeat my prior prediction, lest I tempt fate and repeat the result.

Many people enjoy Super Bowl Sunday, but not for the actual football match up. It is after all the second biggest eating day of year after Thanksgiving. So many people look forward to the food. I found this very non-kosher, but very cool looking Super Bowl food creation. It could very easily be adapted to a kosher creation by using only kosher deli meats and getting rid of the cheese and cheese snacks. And while we're at it, how about substituting some rye bread and onion rolls for that white bread? I know one former NFL player who would enjoy this treif tray. Former New England Patriots punter Josh Miller, who is Jewish, played for the Patriots in Super Bowl XXXIX and was recently quoted as saying that he was craving a ham sandwich with less than a minute to play in that game, which the Patriots won 24-21 over the Philadelphia Eagles.

Finally, I feel inclined to give some credit to Yeshiva University for offering a learning opportunity during halftime of the Super Bowl. The YU Torah Halftime Show incorporates Torah into the Super Bowl experience. It is a series of three 8 minute presentations on “Torah and Sports” topics, featuring leading faculty members Rabbi Ely Allen, Rabbi Lawrence Hajioff and Dr. Yitzchak Schechter. The Torah learning show will be available for viewing on YU's dedicated website on Sunday. Here's the promo video for the YU Torah Halftime Show:

Jews for Tebow

The Tim Tebow craze is now hotter than ever as the Denver Broncos' quarterback is shepherding (sorry!) his team into the playoffs. In November I wrote about about how Tim Tebow and his kneeling in public prayer ("Tebowing") was heating up the discussion of prayer in sports. I had no idea that the Tebowing craze would continue to be such a hot topic this late into the NFL season. Whether God is on his side or he's just a phenomenal athlete in crunch situations, Tebow has certainly become the topic on everyone's mind.

The most popular article written about the Jewish perspective on Tim Tebow was by my colleague Rabbi Joshua Hammerman of Connecticut. When I first read his article on The Jewish Week's website, I had to continuously go back and re-read each sentence because I couldn't believe what Hammerman was arguing. Apparently, neither did most people including Gary Rosenblatt, the editor of The Jewish Week who had the article taken down from the website (but not before it was published in the print edition).

Out of respect for Hammerman I decided not to comment on his article at the time. He was receiving a heavy amount of criticism from Tebow fans who took exception with his overly harsh critique of the quarterback. Hammerman's article read more like a satirical piece that was printed a few months before Purim, the Jewish holiday on which such satire is commonplace. Hammerman wrote, "If Tebow wins the Super Bowl, against all odds, it will buoy his faithful, and emboldened faithful can do insane things, like burning mosques, bashing gays and indiscriminately banishing immigrants." After The Jewish Week took down the article, Hammerman issued an apology to Tim Tebow, his fans and his family. The Jewish Week also issued an apology explaining that the article "violated our own standards calling for civility in posting comments on our website."

Rabbi Hammerman ate some crow and issued the following statement:

I have spent my entire career engaged in dialogue with people of all faiths while speaking out passionately against intolerance and extremism. I have the deepest respect for those who are committed to their faith, including Mr. Tebow. I realize the way in which I attempted to make my points was clumsy and inappropriate, calling to mind the kind of intolerance and extremism my article was intended to disparage. I sincerely apologize to Mr. Tebow, his family, the Broncos and Patriots and all those whom I may have offended.

The tide, however, seems to have shifted. Jews went from either not knowing what to make of Tim Tebow and his public displays of his Evangelical Christian faith to criticizing his fanaticism as Rabbi Hammerman regretfully wrote. Now, groups called "Jews for Tebow" are sprouting up everywhere. A "Jews for Tebow" Facebook page has close to 500 Likes. Jewish fans are showing up to Tebow's games wearing "Jews for Tebow" shirts and rabbis are speaking positively about Tebow from the pulpit.

The "Jews for Tebow" Facebook page was created by a self-described non-observant Israeli named Ike Thaler, who is not from Denver (he lives in South Florida). What prompted him to create the Tebow Facebook group on behalf of Jewish fans? He explains, "I have been a Tebow fan since his first year in College, but I decided to look for a forum to express my support for Tim Tebow as well as find a way to provide a different Tim Tebow fan page which includes more humor and the lighter side of the subject. I wanted to create a fan page like no other Tim Tebow fan page. Our page is 'not your parent's Tim Tebow fan page'."

Thaler's own faith has strengthened since becoming a Tebow fan. He claims that his loyalty and admiration have grown tenfold since seeing Tebow getting battered for expressing his religious beliefs. "I obviously disagree with his religious views, but I admire him for being so positive and sticking to his morals by expressing his priorities in serving God over the temptations that fame and the superstar status bring into his life. What a positive role model."

Thaler tells me that he is currently working on releasing a unique video related to Tim Tebow that is going to be a video like no other one on the Web. It is going to mix humor and football clips with a unique Jewish twist. "It is sure to get bring out Jewish emotions," he claims.

I'm noticing more Jewish people talking about Tebow and I get a lot of questions about my opinion on Tebowing. I think it's great that he has strong beliefs and isn't embarrassed to express those beliefs in public through his comments or his actions. Tebow is not forcing anyone else to believe what he does, but he is proud of his core beliefs.