NY Abductionism Bill Looming

by Rabbi Noson Shmuel Leiter

Embedded in the budget of New York's Andrew Cuomo, there is legislation that, if G-d forbid passed, would wreak havoc on the Jewish community, and almost every other community as well: 3005 Section F. Copied below, it speaks for itself:

"PART F: Section 1. Subdivision 1 of section 240 of the domestic relations law is amended by adding a new paragraph (k) to read as follows:

(k) In determining the best interests of the child, the court shall not: (1) consider the sex, sexual orientation, gender identity or gender expression of the parties; or (2) prohibit a party from undergoing gender reassignment."

(https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A03005&term=2021&Summary=Y&Text=Y )

See one constituent letter here:

https://www.jerseyconservative.org/blog/2021/3/30/ny-assemblyman-mike-lawler-please-vote-against-3005-section-f

If passed, this would (further) weaponize LGBT issues in child custody battles. Consider the scenario of a child who was raised as traditionally religious, imbued with the Biblical attitudes regarding sodomy, an act branded an "abomination" and a cardinal sin (e.g., see Leviticus 18:22, 20:13; Ibn Ezra on Shmos 20:13). What if one parent of that child subsequently strayed from their religious tenets - but just regarding LGBT issues alone? (See "Iggros Moshe" of Rabbi Moshe Feinstein OB"M, Y.D., 3:115, p. 360, col. 1, regarding how even merely minimizing the severity of the prohibition against sodomy constitutes Heresy.) According to this legislation, the faithful parent would be disabled from arguing that it is in the best interests of the child to remain within the traditionalist, moral environment in which he or she was raised.

In short, the pro-LGBT parent, rather than the straight parent, would be awarded custody of the child/children. Of course, even where the law would not technically apply, the LGBT parent would be encouraged to claim anti-LGBTQ "discrimination," just to leverage the LGBT-victim-card to evoke a custody award.