Samson Rafael Hirsch did it, David Zevi Hoffman did it, and Joseph Hertz did it. Our movement's thinkers and theologians are as competent to provide a modern and persuasive theology of halakhah as were the thinkers of the past. But, we, like they, cannot undo the foundational premise of the entire halakhic system – that the Torah is Divine and legally infallible. The Levy responsum Rabbi Leonard Levy's responsum, adopted as a minority opinion by six votes, delineated ways in which to ensure that gays and lesbians would be accorded human dignity and a respected place in Conservative communities and institutions while maintaining the authority of the traditional prohibitions against same-sex sexual activity. The Tucker dissent The CJLS rejected a proposed responsum by Rabbi Gordon Tucker which would have lifted all restrictions on homosexual conduct. Although it gained seven votes, the minimum to accept a responsum, it was classified as a takkanah (legislative decree) rather than a judicial interpretation. By CJLS procedural rules a takkanah requires 13 votes to pass. Accordingly, it was published as a dissenting opinion with a note that "concurring and dissenting opinions are not official positions of the Committee on Jewish Law and Standards". The fundamental premise of the dissenting opinion was that the Torah is not infallible, legally or otherwise, but is subject to reconsideration based on subsequent knowledge: When someone says, “What can we do? The Torah is clear on the subject!”, what is being said amounts to a claim of infallibility and irrefutability for the text of the Torah. And that claim ultimately rests on the assumption that the words of Leviticus (and, of course, those of the other four books of the Pentateuch) express directly and completely the will of God. (Indeed, treating a text as infallible on any basis other than on such an assumption would surely count as a form of idolatry.) But that assumption (that the Torah is the direct and complete expression of God's will) is one that, for all its currency in parts of the Jewish world, is not accepted in our Conservative Jewish world. No, the time has come for a movement that has finally published a Humash commentary that reflects the theology our masters have taught us to “come out of the closet”. It is past time for us to be, in the prophet Elijah's words, “hopping between two opinions”. If the axiom behind this