UK Court accuses Orthodox Jewish school of 'waycism' over admissions policy

[Fortis]

Jewish school broke race laws by refusing boy whose mother had converted
Nicola Woolcock

A leading Jewish state school broke race laws by refusing to take a boy whose mother had converted at a progressive synagogue rather than an orthodox one, the Court of Appeal ruled today.

JFS, formerly the Jews’ Free School, is highly oversubscribed and has turned away several pupils for not meeting its criteria of Jewishness.

Previous court hearings have supported the school for making this decision on religious grounds. But the Court of Appeal ruled today in favour of the parents of one boy, who accused the school of racial discrimination.

The school, in Brent, North London, rejected the 12-year-old because, although his father was born Jewish, his mother converted at a progressive rather than orthodox synagogue. Jewish custom dictates that the faith line passes through the mother.

The judges said that “the requirement that if a pupil is to qualify for admission his mother must be Jewish, whether by descent or by conversion, is a test of ethnicity which contravenes the Race Relations Act”.

The ruling will have widespread implication for other faith schools, and puts the court on a collision course with the Office of the Chief Rabbi, Jonathan Sacks, from which the school takes its its definition of which children are Jewish.

It strikes at the heart of whether being Jewish is a religion or a race, and means that such schools will now have to adopt a religious practice test.

JFS said it was “disappointed” and would seek leave to appeal to the House of Lords against the decision.

But other Jewish groups and families welcomed the ruling, saying that they had been marginalised and discouraged from speaking out.

The court ruling said: “No school is permitted to discriminate in its admissions policy on racial grounds.”

This can result in it rejecting devout Jews not born into the faith, while accepting those who do not practice but have impeccable Jewish lineage.

The ruling said: “JFS readily acknowledges that the effect of its admission critera will be that, even when oversubscribed, it admits children whose own families do not share the Jewish faith.

“This choice [discrimination between Jewish and non-Jewish] is permissible on religious grounds, but unlawful on racial grounds.

“M [the boy] was refused admission to JFS because his mother, and therefore he, was not regarded as Jewish.”

It continued: “It appears to us clear that Jews constitute a racial group defined principally by ethnic origin and additionally by conversion and, that to discriminate against a person on the ground that he either is or is not Jewish is therefore to discriminate against him on racial grounds.

“If for theological reasons a fully subscribed Christian faith school refused to admit a child on the ground that, albeit practising Christians, the child’s family were of Jewish origin, it is hard to see what answer there could be to a claim for race discrimination.
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“The refusal of JFS to admit M was accordingly, in our judgment, less favourable treatment of him on racial grounds.”

After the judgment, John Halford, who represented the boy’s father, said: “We welcome the strong statement by the court that the fundamental right to equality before the law, regardless of race, applies to the admissions criteria of a faith school.

“It is unlawful for a child’s ethnic origins to be used as the criterion for school entry. Such a practice is even more unacceptable in the case of a comprehensive school funded by the taxpayer.”

Many other Jewish schools operate similar policies and will be directly affected by the court’s decision.

David Lightman’s daughter was also turned away by JFS because it did not accept her Jewish status, even though her mother is head of English at the school.

Mr Lightman, an orthodox Jew, said yesterday: “This is a victory for common sense and religious freedom. We are talking about two Jewish children who want an education.

“If the school thinks it’s worth spending millions of pounds to stop that happening, then they need to re-examine what Judaism is about.”

JFS is one of Britain’s oldest Jewish schools and is the largest Orthodox Jewish school in Europe, with 2,000 pupils. It is described by Ofsted as outstanding and is oversubscribed every academic year.

Rabbi Danny Rich, chief executive of Liberal Judaism, said: “The JFS, a state comprehensive funded by taxpayers, has been exclusively following one Jewish religious authority and ignoring the rest.

“We object to standard-setting by just one section of the community to the detriment of the rest. The JFS will now be open to children from all types of Jewish background.”

But Sir Jonathan, the Chief Rabbi, said: “The principles underlying membership of the Jewish faith have been maintained consistently throughout Judaism’s long history.

“I have advised the leadership of JFS that they have my full personal support and encouragement to use the necessary avenues available to them to maintain our historic rights to be true to our faith.”

http://business.timesonline.co.uk/tol/business/law/article6578332.ece?token=null&offset=0&page=1

Britain continues its disgusting descent into left-wing anti-Semitism...

[Fortis]

*** resounding silence ***

[Zelhar]

This is ridiculous. The British civil court practically says Judaism has no say on who is a Jew. Anyone can put together a document that he is Jewish according to some made up sect. But why won't this school officially belong to 'Orthodox Judaism' ? Then all these pseudo religions will have to open their own schools.

[Ulli]

This is ridiculous. The British civil court practically says Judaism has no say on who is a Jew. Anyone can put together a document that he is Jewish according to some made up sect. But why won't this school officially belong to 'Orthodox Judaism' ? Then all these pseudo religions will have to open their own schools.

This is the outcome of mixing religion and state. They took the gouvernment money for their school and now they have to suffer. It works everytime like this.

People will never learn.