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Below please find recommendations by the URJ Resolutions Committee for adoption at the URJ Biennial 2015 taking place in Orlando on November 4-8, 2015. The resolutions were submitted to the Committee in accordance with the requirements of Article XIII, Section 11 of the Union Constitution and Bylaws. We encourage you to review the proposed Resolutions and send your comments, concerns or feedback to Scott Zucker at [email protected]. Much informative debate takes place at the Biennial and therefore the Temple Sinai delegates attending will have discretion, based on congregational and Board input, to vote according to developments on the Biennial floor. Resolution in Support of Paid Family Leave Resolution on Mandatory Immunization Laws Resolution on the Rights of Transgender and Gender NonConforming People These resolutions can also be viewed by visiting www.urj.org. 10/7/2015 Resolution in Support of Paid Family Leave URJ © 2010 Union for Reform Judaism. All rights reserved. Resolution in Support of Paid Family Leave Submitted by the Commission on Social Action of Reform Judaism Background The URJ has long prioritized workers' wellbeing, from our support for Living Wage Campaigns,1 to calling for Workers' Rights in the United States,2 to urging reform of the Health Care System,3 to our 2013 URJ resolution on Paid Sick Days.4 Even still, workers must too often choose between their health or the health of their families and their job and financial security. Paid family and medical leave – often of extended duration – is time away from one's job at full or partial pay to attend to one's own serious illness or the serious illness of a family member or the birth, adoption or foster placement of a child. Out of 185 countries reviewed by the International Labour Organization, the United States is one of just two that does not guarantee paid maternity leave, the other being Papua New Guinea.5 Paid leave legislation proposed in Congress, known as the Family and Medical Insurance Leave Act (FAMILY Act), would ensure that qualified employees continue to receive an income for up to 12weeks of leave to care for their own health, the health of a child, parent, spouse or domestic partner, or the birth or adoption of a child. It builds on the Family and Medical Leave Act (FMLA), enacted in 1993 with the URJ's support, which provided 12 weeks of unpaid leave for similar purposes. However, unlike FMLA, the FAMILY Act would cover workers in businesses of all sizes, as well as employees who work parttime or have less time on the job than required for FMLA eligibility. The FAMILY Act is also modeled on successful state programs, guaranteeing workers up to 66 percent of their usual pay for up to 12 weeks, funded through small payroll deductions of 4/10 of one percent, split evenly between employees and employers. According to the National Partnership for Women and Families, "only 13 percent of workers in the United States have access to paid family leave through their employers, and fewer than 40 percent have access to personal medical leave through employerprovided shortterm disability insurance."6 Paid family leave is important not only for the immediate health of the individual, but also to relieve the stress of the caretaker and to sustain the worker's economic security during leave. Thirteen percent of families with a new infant enter into poverty within the first month because of the combined effects of a need for increased income and a reduced number of working hours.7 In the year after giving birth, new mothers who take paid leave are more likely than those who take no paid leave to stay in the work force. Among those who receive partial or no pay during leave, 33% borrow money, dip into savings, or put off paying bills, while 15% go on public assistance to help provide basic necessities for their families. Paid family and medical leave can help address these challenges. Studies also show that when parents are able to take time off to care for a sick child, the child recovers faster. Eligibility and payfor mechanisms differ among federal and state proposals and existing programs. California, New Jersey and Rhode Island each have paid family leave laws and longstanding Temporary Disability Insurance laws (for personal medical leave) with varying methods to fund this leave and different lengths of timeoff provided. These programs are funded by payroll contributions from employees and/or employers, averaging less than one percent of paycheck contributions from either party. Eligibility is based on prior earnings history, how long the person has been working and the individual the worker is taking leave to care for. States vary as to whom they allow someone to care for under paid family leave: only for the birth or adoption of a child (e.g. Washington); only for immediate family such as parents, spouses, domestic partners and children (e.g. New Jersey and California); or for a more broad definition of family including grandparents, parentsinlaw and a civil union partner (e.g. Rhode Island). The U.S. Chamber of Commerce and the National Federation of Independent Business have generally spoken against federal and state paid family leave laws because the burden, they argue, is placed on the employer, especially small businesses. Others have stated their opposition to paid leave measures, asserting they hinder job growth. However, research from California and New Jersey where paid family leave already exists dispel these concerns. , A growing list of businesses support paid leave programs, citing the importance of paid leave to worker retention and their ability to ensure employees have access to the paid time off they need without putting the sole burden of providing leave on employers. Jewish tradition speaks strongly to valuing workers' dignity as well as maintaining healthy families. We are taught http://urj.org/about/union/governance/reso/2015biennial/?syspage=article&item_id=118442&printable=1 1/3 10/7/2015 Resolution in Support of Paid Family Leave URJ in the Torah, "You shall not abuse a needy and destitute laborer, whether a fellow Israelite or a stranger in one of the communities of your land. You must pay out the wages due on the same day, before the sun sets, for the worker is needy and urgently depends on it; else a cry to the Eternal will be issued against you and you will incur guilt" (Deut. 24:1415). Later tradition expands on this teaching by addressing not only wages but also working conditions. The rabbis of the Talmud taught in the case in which an employer says to workers, "I raised your wages in order that you would begin early and stay late," they may reply, "You raised our wages in order that we would do better work" (Bava M'tzia 83a). From these ancient principles our ancestors derived an ethical employment system that mandated fair and sensitive treatment toward laborers. Under Jewish law, employees also have obligations to fulfill in respect to their employers including working faithfully at their highest capacity, keeping themselves satiated and refraining from working both days and nights (Berakhot 16a). As Maimonides noted, "Just as the employer is enjoined not to deprive the poor worker of his hire or withhold it from him when it is due, so is the worker enjoined not to deprive the employer of the benefit of this work by idling away his time, a little here and a little there, thus wasting the whole day deceitfully" (Mishneh Torah, Book 13, Chapter 13:7). Our tradition also addresses the moral need to ensure our health: "Since by keeping the body in health and vigor, one walks in the ways of Godit being impossible during sickness to have any understanding or knowledge of the Creator it is a person's duty to avoid whatever is injurious to the body and cultivate habits conducive to health and vigor" (Maimonides, Mishneh Torah, Book of Knowledge, Laws Relating to Moral and Ethical Conduct, 1). And throughout Jewish history the provision of health services is seen as an essential aspect of a moral society (Mishneh Torah, Hilchot De'ot IV: 23). Connecting the ideas of labor and health is a Jewish dictum teaching that employers and employees have a common interest in workers' health and a mutual obligation to secure the wellness of the labor force. We are taught that "one who withholds an employee's wages is as though he deprived him of his life" (Baba Metzia 112a). These values have inspired the URJ to offer paid family leave to its own employees. THEREFORE, BE IT RESOLVED that the Union for Reform Judaism: 1. Supports and advocates for legislation that provides paid family and medical leave, while recognizing that we must also assess the feasibility and impact of any specific proposal; 2. Calls upon our congregations across North America to help build coalitions and advocate for the passage of paid family and medical leave laws; and 3. Urges our congregations and all arms of the Reform Movement to provide, to the extent feasible, paid family and medical leave for their employees, and set an example for their communities. [1] http://urj.org/about/union/governance/reso/?syspage=article&item_id=1987 [2] http://urj.org/about/union/governance/reso/?syspage=article&item_id=1930 [3] http://urj.org/about/union/governance/reso/?syspage=article&item_id=2047 [4] http://urj.org/about/union/governance/reso/?syspage=article&item_id=107300 [5] http://fortunedotcom.files.wordpress.com/2014/05/wcms_242615.pdf from http://thinkprogress.org/economy/2014/07/30/3465922/paidfamilyleave [6] http://www.nationalpartnership.org/issues/workfamily/paidleave.html [7] http://www.woodsfund.org/site/files/735/69201/260704/363127/causesof poverty_report_by_Heartland_Alliance.pdf [8] http://thinkprogress.org/economy/2013/12/12/3053911/familyactbenefits/ [9] Heymann, J., & Earle, A. (2010). "Raising the global floor: dismantling the myth that we can't afford good working conditions for everyone. Stanford, Calif.: Stanford Politics and Policy. [10] http://www.nationalpartnership.org/researchlibrary/workfamily/paidleave/statepaidfamilyleavelaws.pdf [11] http://www.nationalpartnership.org/researchlibrary/workfamily/paidleave/existingtdiprograms.pdf [12] http://www.nationalpartnership.org/researchlibrary/workfamily/paidleave/statepaidfamilyleavelaws.pdf [13]http://www.nj.com/opinion/index.ssf/2014/07/paid_family_leave_is_a_new_jersey_success_story_opinion.html [14] http://www.bloomberg.com/bw/articles/20140717/paidfamilyleaveisgoodforbusiness http://urj.org/about/union/governance/reso/2015biennial/?syspage=article&item_id=118442&printable=1 2/3 10/7/2015 Resolution in Support of Paid Family Leave URJ [15] See http://www.nationalpartnership.org/researchlibrary/workfamily/paidleave/paidleaveworksin californianewjerseyandrhodeisland.pdf; http://www.nationalpartnership.org/researchlibrary/work family/paidleave/paidleavegoodforbusiness.pdf; www.betterwbb.org Comments left on this website are monitored. By posting a comment you are in agreement with Terms & Conditions. http://urj.org/about/union/governance/reso/2015biennial/?syspage=article&item_id=118442&printable=1 3/3 10/7/2015 Resolution on Mandatory Immunization Laws URJ © 2010 Union for Reform Judaism. All rights reserved. Resolution on Mandatory Immunization Laws Submitted by the Commission on Social Action of Reform Judaism Background Throughout the history of the Jewish people, one of the most sacred commandments has been pikuach nefesh, the idea that the preservation of life takes precedence over almost all other Jewish laws. The Talmud teaches that "One who saves one life, it is accounted as if a world is saved,"1 and the medieval Jewish philosopherphysician Maimonides wrote: "God created food and water; we must use them in staving off hunger and thirst. God created drugs and compounds and gave us the intelligence necessary to discover their medicinal properties; we must use them in warding off illness and disease."2 One of the most important achievements in human history when it comes to enhancing public health has been the development of vaccines. According to the U.S. Department of Health and Human Services, a vaccine is "a product that produces immunity from a disease and can be administered through needle injections, by mouth, or by aerosol."3 Vaccines consist of killed or modified microbes, parts of microbes or microbial DNA that "trick" the immune system into thinking an infection has occurred. The immune system then attacks the harmless vaccine and prepares for future invasions, thus immunizing the individual. In addition to inoculating the individual, vaccines contribute to the creation of "community (or herd) immunity." According to the U.S. Department of Health and Human Services, "When a critical portion of a community is immunized against a contagious disease, most members of the community are protected against that disease because there is little opportunity for an outbreak. Even those who are not eligible for certain vaccines—such as infants, pregnant women or immunocompromised individuals—get some protection because the spread of contagious disease is contained. This is known as ‘community immunity.'"4 Recently, a notable increase in the number of measles and whooping cough diagnoses have drawn attention to declining immunization rates across North America and a potential weakening in community immunity. This is of particular concern to U.S. public health officials who had declared measles eliminated nationwide in the year 2000. A 1999 CCAR responsum on Compulsory Immunization (5759.10), finds that vaccines qualify as refu'ah bedukah, proven remedies, and are therefore an obligation. The responsum states that "Jewish tradition would define immunization as part of the mitzvah of healing and recognize it as a required measure, since we are not entitled to endanger ourselves or the children for whom we are responsible by refusing proven medical treatment." Moreover, the responsum endorses "programs of compulsory immunization in our communities, with exemptions granted to those individuals whose medical conditions place them at particular risk of injury or untoward side effects. Aside from those individual cases, there are no valid Jewish religious grounds to support the refusal to immunize as a general principle." Currently, all fifty U.S. states have compulsory vaccination laws. Reflecting the diversity of faith traditions in North American life, and the fact that some faith traditions reject the practice of vaccination, fortyeight states offer religious and/or personal/philosophical vaccination exemptions. In Canada, only two provinces require students to be vaccinated before entering school, and medical, philosophical, and religious exemptions exist. At the same time, private institutions in both countries retain the discretion to set their own, stricter vaccination policies. The consensus view of Reform Judaism, including that established in the aforementioned CCAR http://urj.org/about/union/governance/reso/2015biennial/?syspage=article&item_id=118441&printable=1 1/2 10/7/2015 Resolution on Mandatory Immunization Laws URJ responsum, embraces the vital role vaccines play in ensuring individual and public health. For that reason, the longstanding and ongoing policy for all individuals attending URJ camps and Israel programs has been to require immunization for all children, staff, faculty, and their families with exemptions permitted only in strictly limited and specifically enumerated medical circumstances.5 THEREFORE, BE IT RESOLVED that the Union for Reform Judaism: 1. Affirms that in the case of mandatory immunizations, pikuach nefesh and refu'ah bedukah are our guiding principles. Reform Jewish religious tenets prioritize protecting the health of all individuals, the most medically vulnerable members of the community, and the community as a whole, and do not provide a basis for a religious exemption from mandatory immunizations. 2. Supports mandatory immunization laws, with the only acceptable exemptions being: 1. Medical exemptions; and 2. Religious exemptions that must be suspended if community immunity is deemed at risk by public health officials. 3. Urges Reform Movement congregations and institutions to 1. Adopt policies that require mandatory vaccinations with medical exemptions in programs that serve children and youth; and 2. Educate members about the scientific evidence and Jewish values in support of mandatory vaccinations. [1] Mishnah Sanhedrin 4:9 [2] Maimonides's Commentary on Mishnah Pesachim 4:9 [3] Vaccines.gov [4] Vaccines.gov [5] 2014 Policy Statement on Vaccine Status of Campers, Staff, Faculty, and their Families Attending URJ Camps and Israel Programs Comments left on this website are monitored. By posting a comment you are in agreement with Terms & Conditions. http://urj.org/about/union/governance/reso/2015biennial/?syspage=article&item_id=118441&printable=1 2/2 10/7/2015 Resolution on the Rights of Transgender and Gender NonConforming People URJ © 2010 Union for Reform Judaism. All rights reserved. Resolution on the Rights of Transgender and Gender NonConforming People Submitted by the Commission on Social Action of Reform Judaism Background Throughout the Reform Movement's history, we have worked tirelessly to fight discrimination, support equality, and strengthen the rights of minorities and women. In 1977, both the Union for Reform Judaism and the Central Conference of American Rabbis passed resolutions affirming "the rights of homosexuals." We welcome and celebrate people of all sexual orientations in our congregations and oppose laws that fail to uphold principles of equality for all. North American culture and society have, in general, become increasingly accepting of people who are gay, lesbian and bisexual, yet too often transgender and gender nonconforming individuals are forced to live as secondclass citizens. "Transgender" is a term for people whose gender identity, expression or behavior is different from those typically associated with their assigned sex at birth. Gender nonconforming is a term for individuals whose gender expression is different from societal expectations related to gender. Although much work remains to be done to fully overcome discrimination against lesbian, gay and bisexual people, members of the transgender and gender nonconforming communities face particular ongoing legal and cultural bigotry and discrimination. Transgender individuals are often unable to easily update their federal and state documents, such as passports and birth certificates, in order to reflect their correct gender and name. Many states require proof of surgery or court orders to change a person’s gender on identity documents. As a result, transgender individuals can be denied the right to vote because their documents do not match their gender. Additionally, they experience frequent incidents of hate crimes and harassment, and often face discrimination in employment, healthcare and housing. Simply choosing their preferred pronoun or accessing facilities based on their gender identity without facing others’ objections or fearing violence can be a challenge for transgender and gender nonconforming individuals. The combined impact of all of these factors has contributed to higher than average poverty, homelessness and suicide rates among transgender people.1 Efforts within the Reform Movement over the past decade reflect our commitment to greater inclusivity of transgender and gender nonconforming people. In 2003, Hebrew Union CollegeJewish Institute of Religion admitted its first openly transgender rabbinical student. Recently, both NFTY and URJ camps have taken steps to become more inclusive of transgender participants in their material, application forms, facilities and programs. In 2015, the Central Conference of American Rabbis’ Rabbinical Placement Commission updated its policies to require that congregations and other organizations seeking a rabbi commit to including in their search all candidates regardless of gender identity. The Reform Movement has also built partnerships with organizations like Keshet (www.keshetonline.org), to create and improve resources for our congregations, institutions, affiliates and programs. Despite this important progress, there is more work to be done to make our Movement and our society fully inclusive of transgender and gender nonconforming people. Two key Reform responsa highlight the imperative toward full inclusion of transgender people in accordance with Jewish tradition. A 1990 responsum (CCAR 5750.8) affirmed that being transgender alone is not a basis to deny someone conversion to Judaism. A 1978 responsum affirmed that a rabbi may officiate at the wedding of two Jews if one partner has transitioned to the gender with which they identify, as opposed to the one they were assigned at birth ("Marriage After a Sexchange Operation" in American Reform Responsa, Vol. LXXXVIII, 1978, pp. 5254). These responsa reflect biblical tradition that teaches us that all human beings are created b'tselem Elohim—in the Divine image. As it says in Genesis 1:27, "And God created humans in God's image, in the image of God, God created them." From this bedrock principle stems our commitment to defend any individual from the http://urj.org/about/union/governance/reso/2015biennial/?syspage=article&item_id=118443&printable=1 1/2 10/7/2015 Resolution on the Rights of Transgender and Gender NonConforming People URJ discrimination that arises from ignorance, fear, insensitivity, or hatred. Knowing that members of the transgender and gender nonconforming communities are often singled out for discrimination and even violence, we are reminded of the Torah's injunction, "do not stand idly while your neighbor bleeds" (Leviticus 19:16). THEREFORE, BE IT RESOLVED THAT the Union for Reform Judaism: 1. >Affirms its commitment to the full equality, inclusion and acceptance of people of all gender identities and gender expressions; 2. >Affirms the right of transgender and gender nonconforming individuals to be referred to by their name, gender, and pronoun of preference in our congregations, camps, schools, and other Reform affiliated organizations; 3. >Encourages Reform congregations, congregants, clergy, camps, institutions and affiliates, including NFTY, to continue to advocate for the rights of people of all gender identities and gender expressions; 4. >Urges the adoption and implementation of legislation and policies that prevent discrimination based on gender identity and expression, and that require individuals to be treated equally under the law as the gender by which they identify. This includes establishing the right to change without undue burden their identification documents to reflect their gender and name and ensuring equal access to medical and social services; 5. >Calls on the U.S. and Canadian governments at all levels to review and revise all laws and policies to ensure full equality and protections for people of all gender identities and expressions; 6. Urges Reform Movement institutions to begin or continue to work with local and national Jewish transgender, lesbian, gay and bisexual organizations to create inclusive and welcoming communities for people of all gender identities and expressions and to spread awareness and increase knowledge of issues related to gender identity and expression. These activities may include cultural competency trainings for religious school staff, the new congregational resource guide on transgender inclusion being created by the Religious Action Center, education programs on gender identity and expression, and sermons on the topic of gender identity and gender expression; 7. Recommends URJ congregations and Reform Movement institutions, facilities and events ensure, to the extent feasible, the availability of genderneutral restrooms and other physical site needs that ensure dignity and safety for transgender and gender nonconforming individuals; 8. Urges Reform Movement institutions to review their use of language in prayers, forms and policies in an effort to ensure people of all gender identities and gender expressions are welcomed, included, accepted and respected. This includes developing statements of inclusion and/or nondiscrimination policies pertaining to gender identity and gender expression, the use when feasible of genderneutral language, and offering more than two gender options or eliminating the need to select a gender on forms; and 9. Will work in collaboration with other Reform Movement institutions to create ritual, programmatic and educational materials that will empower such institutions to be more inclusive and welcoming of people of all gender identities and expressions. [1] http://transgenderlawcenter.org/archives/11393 Comments left on this website are monitored. By posting a comment you are in agreement with Terms & Conditions. http://urj.org/about/union/governance/reso/2015biennial/?syspage=article&item_id=118443&printable=1 2/2