When the news came in, I was sitting on the sofa watching the TV with my mum. I was in my late teens, back home from my first term at university.
The government had just legalised IVF for lesbians. It was the crowning glory of a raft of legislation passed by a Parliament that permitted gay adoption, created civil partnerships, and outlawed discrimination. Each law had been loudly and publicly debated, and there was no guarantee that any of the laws would pass.
I was overwhelmed with joy. “This is it,” I turned to my mum. “We’ve won so much. They can never take it away from us now.”
“Yes they can.” She said. “They can take it away whenever they want.”
She wasn’t gloating. She wasn’t sad. She was just stating a fact she’d learnt from bitter experience. She had joined the labour movement in its heyday, before workers’ organising rights had been curtailed and union membership had started its slow decline. She had given herself to the women’s movement and successfully fought for domestic violence shelters, women’s representation committees and helplines, only to see them all shut down.
She knew, in a way that I was too naive to understand, that what the powerless took a century to win, the powerful could take away in a day.
A fortnight ago, we read the story of the Daughters of ZelopheHad. Five women from the tribe of Manasseh brought a petition before Moses and the elders, requesting that they be able to inherit their father’s estate. They argue that their father was loyal to Moses and, having no brothers, they are his proper heirs.
Moses agrees. He says their cause is just. He sets a precedent and introduces a new law: that whenever a man dies leaving daughters but no sons, his daughters will inherit him.
It is a favourite story of progressive Jews. In pulpits across the world, rabbis will have given sermons arguing that this text shows that we are right. The halachah can change. We can advance the rights of women. Judaism can progress.
This week, we are less triumphant. Cushioned at the end of the book of Numbers are the terms and conditions imposed on the daughters of ZelopheHad. The men who head up the tribe of Manasseh ask Moses to revisit the case. If these women marry whoever they like, the tribe’s portion will be smaller.
Moses agrees with them. The daughters of ZelopheHad must marry men from the tribe of Manasseh. The estate they inherited must become part of their husbands’ wealth. That will be the law. All women who inherit their father’s estates must marry men from the same tribe and hand over their wealth. What they won one week, they lost the next.
What does it mean for progressive Jews? The clue is, after all in the name: progressive Jews are supposed to believe in progress. Judaism can progress. We can change to become more inclusive and equal.
Our faith in progress is a response to Enlightenment and emancipation. Jews were granted citizenship. Science advanced and the age of reason prevailed. Mendelssohn called us out of the ghettos, promising the Jews of Germany that the world was waiting for them. The Jews would enter into history. If humanity was going to advance, we would lead the charge. Progress was unstoppable.
History had other plans. What rights we won, we lost in greater measure. After citizenship came the death camps. Progress could be stopped after all.
How can we possibly continue to have faith in progress after the horrors of the Shoah? How can we hold onto our hopes when we know how easily they can be dashed?
The answer is simply that we must. We hold onto our values because they are right. To be a progressive today does not mean believing that the victory of the oppressed is inevitable, but that it is necessary. We do not know whether justice can win, but only that it must.
The moments of victory are not just short-lived achievements. When we win the right of women to inherit, or lesbians to have IVF, or gays to adopt, we do not just win a legal right. We are glimpsing what is possible. We gain strength as we realise that progress we once thought impossible can be achieved. The realisation of a dream only calls for more dreams.
Today, pundits warn us of the great fragility of progress. In a tear-filled speech to Parliament recently, Angela Eagle MP told the Commons: “We know that the motivations of some of those involved in this are reactionary, and they are to return us to an era where LGBT people should get back in the closet and hide and be ashamed of the way they are.”
The progress that gave us lesbian IVF, gay adoption and the Equality Act is proving vulnerable once more. Those who had never quite felt included in Britain are feeling more alienated than ever, and those who assumed Britain would always be their home are having doubts.
But we should not despair. Whatever progress we have made has not been given to us by an invisible hand of history that oscillates between liberalism and fascism, but by people making the choice that progress is worth fighting for. We win rights not because of the generosity of politicians but because of the insistence of those who believe in justice.
Recognising that progress is fragile, all we can do is ask ourselves whether it is worth fighting for. And because it is worth fighting for, we will fight. And if we fight hard enough, we may win.
Lev Taylor LBC rabbinc student
The views expressed in this D’var Torah do not necessarily reflect the position of Leo Baeck College.