Strangers Look Out for Strangers: Mishpatim and Trans Rights

In Mishpatim, this week’s Torah portion, we read one of the many times in the about how we are supposed to treat the stranger. There we read:

And a stranger you shall not wrong, neither shalt you oppress him; for you were strangers in the land of Egypt. You shall not afflict any widow, or fatherless child. If you afflict them in any way–for if they cry at all unto Me, I will surely hear their cry– My wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless. (Exodus 22:20-23)

We are charged to look out for the needs of the stranger for the very reason that we had the same experience.  On this Rashi commented:

for you were strangers in the land of Egypt: If you taunt him, he can also taunt you and say to you, “You too emanate from strangers.” Do not reproach your neighbor with a fault that is also yours (Mechilta, B.M. 59b). Every expression of a stranger (גֵּר) means a person who was not born in that country but has come from another country to sojourn there.

The fact that our national story is born in Diaspora in Egypt means that we have a mandate to empathize and care for other strangers.

I was thinking about this on Wednesday night when reading about the Trump administration’s withdrew of Obama-era protections for transgender students in public schools that let them use bathrooms and facilities corresponding with their gender identity. In a recent study published Monday in JAMA Pediatrics. The study suggested an association between the drop in teen suicide attempts and the implementation of same-sex marriage policies. Suicide is the ultimate expression of the feeling of being a stranger. While the study did not prove the drop in teen suicide attempts was caused by the implementation of same-sex marriage policies, it would seem that even the possibility that more open policies would drive down the number of people committing suicide would create a moral mandate to extend these policies.

As descendant of strangers I feel that it is our mandate to look out for people who are foreigners, be they not born to this country or to their birth sex.  Social conservatives love to talk about the primacy of life, it is strange in that they clearly do not mean it.


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