Who Is a Jew? Court Ruling in Bri­tain Rai­ses Ques­tion  — from The New York Times

November 8th, 2009 § 7

The Supreme Court in England is set to rule by the end of this year on a case invol­ving a ques­tion that has vexed Jewish com­mu­ni­ties throughout the world for cen­tu­ries: Who is a Jew? The case began because a 12-year-old boy whose father was born Jewish and whose mother con­ver­ted to Judaism was denied admis­sion to an Ortho­dox Jewish high school on the grounds that, because his mother was con­ver­ted not in an Ortho­dox syna­go­gue, but in what the Times article refers to as a “pro­gres­sive syna­go­gue” (which I assume corres­ponds to something like Reform here in the Sta­tes), she is not really Jewish; and so, the­re­fore, neither is he. The boy’s family deci­ded to sue the school for disc­ri­mi­na­tion and lost. The Court of Appeal, howe­ver, rever­sed that deci­sion on grounds that ques­tion one of the foun­da­tio­nal tenets of Jewish iden­tity: that, short of con­ver­sion, the only way one can be Jewish is to have been born to a Jewish mother.

In an explo­sive deci­sion, the court conc­lu­ded that basing school admis­sions on a clas­sic test of Judaism — whether one’s mother is Jewish — was by defi­ni­tion disc­ri­mi­na­tory. Whether the ratio­nale was “benign or malig­nant, theo­lo­gi­cal or supre­ma­cist,” the court wrote, “makes it no less and no more unlawful.”

The case res­ted on whether the school’s 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’s [which is how the boy is refe­rred to in court docu­ments] mother rather than whether M con­si­de­red him­self Jewish and prac­ti­ced Judaism.

“The 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,” 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 “on faith, howe­ver defined.”

The same rea­so­ning would apply to a Chris­tian school that “refu­sed to admit a child on the ground that, albeit prac­ti­cing Chris­tians, the child’s family were of Jewish ori­gin,” the court said. (via Who Is a Jew? Court Ruling in Bri­tain Rai­ses Ques­tion — NYTi​mes​.com.)

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