{"id":3754,"date":"2009-11-11T13:35:41","date_gmt":"2009-11-11T21:35:41","guid":{"rendered":"http:\/\/www.horace.org\/blog\/?p=3754"},"modified":"2009-11-11T13:35:41","modified_gmt":"2009-11-11T21:35:41","slug":"who-is-a-jews-court-ruling-in-britain-raises-question","status":"publish","type":"post","link":"https:\/\/www.horace.org\/blog\/2009\/11\/11\/who-is-a-jews-court-ruling-in-britain-raises-question\/","title":{"rendered":"Who is a Jews? Court Ruling in Britain Raises Question"},"content":{"rendered":"

\nI once asked my Israeli colleague, is Jewish a religion or a race, as a Jew himself, he doesn’t know the answer. If a Chinese school admits only Chinese students, I am sure it will sued by the government. However, it is OK for a Christian school admits only Christian students. In the sense a Jewish school should refer to Jewish as a religion but not Jewish as a race.\n<\/p><\/blockquote>\n

<\/p>\n

By Sarah Lyall, The New York Times, 8 November 2009
\nDavid Lightman with his daughter, who was denied admission to the Jews\u2019 Free School because her mother\u2019s conversion was not recognized. But a court ruling has voided the admissions policy.<\/p>\n

LONDON \u2014 The questions before the judges in Courtroom No. 1 of Britain\u2019s Supreme Court were as ancient and as complex as Judaism itself.<\/p>\n

Who is a Jew? And who gets to decide?<\/p>\n

On the surface, the court was considering a straightforward challenge to the admissions policy of a Jewish high school in London. But the case, in which arguments concluded Oct. 30, has potential repercussions for thousands of other parochial schools across Britain. And in addressing issues at the heart of Jewish identity, it has exposed bitter divisions in Britain\u2019s community of 300,000 or so Jews, pitting members of various Jewish denominations against one another.<\/p>\n

\u201cThis is potentially the biggest case in the British Jewish community\u2019s modern history,\u201d said Stephen Pollard, editor of the Jewish Chronicle newspaper here. \u201cIt speaks directly to the right of the state to intervene in how a religion operates.\u201d<\/p>\n

The case began when a 12-year-old boy, an observant Jew whose father is Jewish and whose mother is a Jewish convert, applied to the school, JFS. Founded in 1732 as the Jews\u2019 Free School, it is a centerpiece of North London\u2019s Jewish community. It has around 1,900 students, but it gets far more applicants than it accepts.<\/p>\n

Britain has nearly 7,000 publicly financed religious schools, representing Judaism as well as the Church of England, Catholicism and Islam, among others. Under a 2006 law, the schools can in busy years give preference to applicants within their own faiths, using criteria laid down by a designated religious authority.<\/p>\n

By many standards, the JFS applicant, identified in court papers as \u201cM,\u201d is Jewish. But not in the eyes of the school, which defines Judaism under the Orthodox definition set out by Jonathan Sacks, chief rabbi of the United Hebrew Congregations of the Commonwealth. Because M\u2019s mother converted in a progressive, not an Orthodox, synagogue, the school said, she was not a Jew \u2014 nor was her son. It turned down his application.<\/p>\n

That would have been the end of it. But M\u2019s family sued, saying that the school had discriminated against him. They lost, but the ruling was overturned by the Court of Appeal this summer.<\/p>\n

In an explosive decision, the court concluded that basing school admissions on a classic test of Judaism \u2014 whether one\u2019s mother is Jewish \u2014 was by definition discriminatory. Whether the rationale was \u201cbenign or malignant, theological or supremacist,\u201d the court wrote, \u201cmakes it no less and no more unlawful.\u201d<\/p>\n

The case rested on whether the school\u2019s test of Jewishness was based on religion, which would be legal, or on race or ethnicity, which would not. The court ruled that it was an ethnic test because it concerned the status of M\u2019s mother rather than whether M considered himself Jewish and practiced Judaism.<\/p>\n

\u201cThe requirement that if a pupil is to qualify for admission his mother must be Jewish, whether by descent or conversion, is a test of ethnicity which contravenes the Race Relations Act,\u201d the court said. It added that while it was fair that Jewish schools should give preference to Jewish children, the admissions criteria must depend not on family ties, but \u201con faith, however defined.\u201d<\/p>\n

The same reasoning would apply to a Christian school that \u201crefused to admit a child on the ground that, albeit practicing Christians, the child\u2019s family were of Jewish origin,\u201d the court said.<\/p>\n

The school appealed to the Supreme Court, which is likely to rule sometime before the end of the year.<\/p>\n

The case\u2019s importance was driven home by the sheer number of lawyers in the courtroom last week, representing not just M\u2019s family and the school, but also the British government, the Equalities and Human Rights Commission, the United Synagogue, the British Humanist Association and the Board of Deputies of British Jews.<\/p>\n

Meanwhile, the Court of Appeal ruling threw the school into a panicked scramble to put together a new admissions policy. It introduced a \u201creligious practice test,\u201d in which prospective students amass points for things like going to synagogue and doing charitable work.<\/p>\n

That has led to all sorts of awkward practical issues, said Jon Benjamin, chief executive of the Board of Deputies of British Jews, because Orthodox Judaism forbids writing or using a computer on the Sabbath. That means that children who go to synagogue can\u2019t \u201csign in,\u201d but have to use methods like dropping prewritten postcards into boxes.<\/p>\n

It is unclear what effect the ruling, if it is upheld, will have on other religious schools. Some Catholic schools, accustomed to using baptism as a baseline admissions criterion, are worried that they will have to adopt similar practice tests.<\/p>\n

The case has stirred up long-simmering resentments among the leaders of different Jewish denominations, who, for starters, disagree vehemently on the definition of Jewishness. They also disagree on the issue of whether an Orthodox leader is entitled to speak for the entire community.<\/p>\n

\u201cWhatever happens in this case, there must be some resolution sorted out between different denominations,\u201d Mr. Benjamin said in an interview. \u201cThat the community has failed to grasp this has had the very unfortunate result of having a judgment foisted on it by a civil court.\u201d<\/p>\n

Orthodox Jews, of course, sympathize with the school, saying that observance is no test of Jewishness, and that all that matters is whether one\u2019s mother is Jewish. So little does observance matter, in fact, that \u201chaving a ham sandwich on the afternoon of Yom Kippur doesn\u2019t make you less Jewish,\u201d Rabbi Yitzchak Schochet, chairman of the Rabbinical Council of the United Synagogue, said recently.<\/p>\n

Lauren Lesin-Davis, chairman of the board of governors at King David, a Jewish school in Liverpool, told the BBC that the ruling violated more than 5,000 years of Jewish tradition.<\/p>\n

\u201cYou cannot come in and start telling people how their whole lives should change, that the whole essence of their life and their religion is completely wrong,\u201d she said.<\/p>\n

But others are in complete sympathy with M.<\/p>\n

\u201cHow dare they question our beliefs and our Jewishness?\u201d David Lightman, an observant Jewish father whose daughter was also denied a place at the school because it did not recognize her mother\u2019s conversion, told reporters recently. \u201cI find it offensive and very upsetting.\u201d<\/p>\n

Rabbi Danny Rich, chief executive of Liberal Judaism here, said the lower court\u2019s ruling, if upheld, would help make Judaism more inclusive.<\/p>\n

\u201cJFS is a state-funded school where my grandfather taught, and it\u2019s selecting applicants on the basis of religious politics,\u201d he said in an interview. \u201cThe Orthodox definition of Jewish excludes 40 percent of the Jewish community in this country.\u201d <\/p>\n","protected":false},"excerpt":{"rendered":"

I once asked my Israeli colleague, is Jewish a religion or a race, as a Jew himself, he doesn’t know the answer. If a Chinese school admits only Chinese students, I am sure it will sued by the government. However, it is OK for a Christian school admits only Christian students. In the sense a … Continue reading Who is a Jews? Court Ruling in Britain Raises Question<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"lc_iscn_info":[],"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[15],"tags":[141],"class_list":["post-3754","post","type-post","status-publish","format-standard","hentry","category-_newsclips","tag-religion"],"yoast_head":"\nWho is a Jews? 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The headmaster claim a taxable benefit of $6000 per year, on a two stories house over looking Lake Ontario.\u2026","rel":"","context":"In "Daily Scribble"","block_context":{"text":"Daily Scribble","link":"https:\/\/www.horace.org\/blog\/category\/_scribble\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1793,"url":"https:\/\/www.horace.org\/blog\/2008\/04\/10\/muslim\/","url_meta":{"origin":3754,"position":3},"title":"Muslim","author":"hevangel","date":"April 10, 2008","format":false,"excerpt":"In yesterday afternoon tea break time, I have a very interesting conversation at work about Muslim. I have a Chinese (myself), a white guy (Mark) and an Indian (Ron) in the chat, representing pretty much the three main culture view in the world except the Muslim's. 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It turn out that the\u2026","rel":"","context":"In "Daily Scribble"","block_context":{"text":"Daily Scribble","link":"https:\/\/www.horace.org\/blog\/category\/_scribble\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":2174,"url":"https:\/\/www.horace.org\/blog\/2009\/02\/18\/richmond-olympic-oval\/","url_meta":{"origin":3754,"position":5},"title":"Richmond Olympic Oval","author":"hevangel","date":"February 18, 2009","format":false,"excerpt":"Can you imagine yourself being an Olympic athlete? I almost feel like one when I am skating on the Olympic speed skating arena. 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