?Louis Schmier writes:

> As for those learned English judges who seemed to follow the path 
Halakha (the woman is the religious determinant since we know from 
whose womb a child comes while no one can be sure who is the father) 
because it was the easiest road to walk. […] According to you, their 
legal ruling had the scientific consequences of establishing physical 
laws of biology, making the Jews into a biological race.  Funny thing 
happened earlier on the way to Auschwitz, their learned counterparts, 
as well as the bureaucrats in the Rassenamt, did the same thing in Nazi 
Germany.  And, as a consequence, both I and my wife lost family both 
shot and buried during the "hidden Holocaust" in a field outside 
Bobrika in Galicia and Zhitomir in the Ukraine by the Einstats gruppen  
and gassed and burned at the death factory of Auschwitz because of such 
bigoted, hateful tripe.  There are more holes, huge gaps, in your 
assertion, but that's enough.  I find this discussion distasteful, but 
necessary. If you want to continue it, bring it on.<

Louis: By all means take issue with Stephen's account of what 
constitutes Jewishness (and given the complexities there is more than 
one "logical" conclusion that one may arrive at), but I find it 
distasteful that you chose to make a connection between the verdict of 
the British Supreme Court cited by Stephen with Nazi race laws. (You, 
not Stephen, describe the Nazi judges as "learned counterparts" to the 
judges in question.)

I'm sure that the Supreme Court judges would rather have not been 
called upon to adjudicate in what was essentially an intra-Jewish 
dispute – or, more specifically, a dispute between British Orthodox 
Judaism and reform Judaism. (I'm sure a large number of secular Jews 
like me looked on the whole affair with a certain degree of 
bewilderment.)

The issue revolved around whether, within the law as it is currently 
constituted, the status of the child in question should be as 
recognised by the Office of the Chief Rabbi (the OCR) or according to 
the lights of the non-Orthodox section of the British Judaism. Faced 
with this difficult task, the High Court came down in favour of the 
OCR, but this verdict was overturned on appeal, and the Supreme Court 
upheld the appeal. The precise details of the dispute can be seen from 
the verdict of the Appeal Court:

http://www.bailii.org/ew/cases/EWCA/Civ/2009/626.html

Allen Esterson
Former lecturer, Science Department
Southwark College, London
allenester...@compuserve.com
http://www.esterson.org


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