UK Jewish school denies racial discrimination - Yahoo! News

2009-10-31 Thread Joel Sogol
So who decides the criteria for being Jewish?  The court or the Rabbi?

http://news.yahoo.com/s/ap/20091027/ap_on_re_eu/eu_britain_jewish_school



Joel Sogol 


___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.


Re: UK Jewish school denies racial discrimination - Yahoo! News

2009-10-31 Thread Vance R. Koven
Indeed. And in order to uphold the racial discrimination charge, does the
court have to rule that the mother is not, in fact, Jewish, because Judaism
is defined under British law as an ethnic group rather than a religion?
That, it seems to me, is the principal error here. If the father had
converted to Christianity instead of the mother to Judaism, would it still
be racial discrimination to keep the boy out?

Vance

On Sat, Oct 31, 2009 at 5:27 AM, Joel Sogol jlsa...@wwisp.com wrote:

 So who decides the criteria for being Jewish?  The court or the Rabbi?

 http://news.yahoo.com/s/ap/20091027/ap_on_re_eu/eu_britain_jewish_school



 Joel Sogol


 ___
 To post, send message to Religionlaw@lists.ucla.edu
 To subscribe, unsubscribe, change options, or get password, see
 http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

 Please note that messages sent to this large list cannot be viewed as
 private.  Anyone can subscribe to the list and read messages that are
 posted; people can read the Web archives; and list members can (rightly or
 wrongly) forward the messages to others.




-- 
Vance R. Koven
Boston, MA USA
vrko...@world.std.com
___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.

RE: UK Jewish school denies racial discrimination - Yahoo! News

2009-10-31 Thread Friedman, Howard M.
The problem in this case is not ethnicity in the way we usually use that 
term. If the mother had converted to Judaism under an Orthodox rabbi, the 
school would have admitted the student. The problem was that in this case she 
had converted under a rabbi in Britain's equivalent of the Reform movement.  If 
the mother had been born Jewish and the father converted, or was never Jewish, 
the child would have been admitted to the school because under Orthodox Jewish 
law, religious identigy passes through the mother.  Britain allows it faith 
schools to select students on the basis of religion, just not on the basis of 
race.  Jewish groups have always maintained that the Orthodox definition of 
who is Jewish is not racial, because anyone can convert into Judaism-- unlike 
the immutability of race. So in a sense, the debate within Judaism over whether 
the Orthodox rabbinate will recognize conversions by rabbis in other 
denominations has gotten pigeon-holed as a race question.
 
Howard Friedman



From: religionlaw-boun...@lists.ucla.edu on behalf of Vance R. Koven
Sent: Sat 10/31/2009 11:19 AM
To: Law  Religion issues for Law Academics
Subject: Re: UK Jewish school denies racial discrimination - Yahoo! News


Indeed. And in order to uphold the racial discrimination charge, does the court 
have to rule that the mother is not, in fact, Jewish, because Judaism is 
defined under British law as an ethnic group rather than a religion? That, it 
seems to me, is the principal error here. If the father had converted to 
Christianity instead of the mother to Judaism, would it still be racial 
discrimination to keep the boy out? 

Vance


On Sat, Oct 31, 2009 at 5:27 AM, Joel Sogol jlsa...@wwisp.com wrote:


So who decides the criteria for being Jewish?  The court or the Rabbi?

http://news.yahoo.com/s/ap/20091027/ap_on_re_eu/eu_britain_jewish_school



Joel Sogol


___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as 
private.  Anyone can subscribe to the list and read messages that are posted; 
people can read the Web archives; and list members can (rightly or wrongly) 
forward the messages to others.





-- 
Vance R. Koven
Boston, MA USA
vrko...@world.std.com

___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.

RE: UK Jewish school denies racial discrimination - Yahoo! News

2009-10-31 Thread Volokh, Eugene
   It seems to me that discrimination based on being Jewish under 
traditional religious rules is both religious discrimination and ethnicity 
discrimination.  I'm Jewish by birth (i.e., my mother, and my mother's mother, 
were Jewish, though they weren't religious) but not religious.  Under the 
traditional religious rules, I'm Jewish, with no need for a difficult 
conversion process.  My wife is not Jewish by birth, so while she could become 
Jewish under the traditional religious rules, this would require a difficult 
conversion process.  So the exclusion of people who are neither born Jewish nor 
converted to Judaism is discrimination based both on ethnicity and religion.

   Eugene

From: religionlaw-boun...@lists.ucla.edu 
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Vance R. Koven
Sent: Saturday, October 31, 2009 8:19 AM
To: Law  Religion issues for Law Academics
Subject: Re: UK Jewish school denies racial discrimination - Yahoo! News

Indeed. And in order to uphold the racial discrimination charge, does the court 
have to rule that the mother is not, in fact, Jewish, because Judaism is 
defined under British law as an ethnic group rather than a religion? That, it 
seems to me, is the principal error here. If the father had converted to 
Christianity instead of the mother to Judaism, would it still be racial 
discrimination to keep the boy out?

Vance
On Sat, Oct 31, 2009 at 5:27 AM, Joel Sogol 
jlsa...@wwisp.commailto:jlsa...@wwisp.com wrote:
So who decides the criteria for being Jewish?  The court or the Rabbi?

http://news.yahoo.com/s/ap/20091027/ap_on_re_eu/eu_britain_jewish_school



Joel Sogol


___
To post, send message to 
Religionlaw@lists.ucla.edumailto:Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.



--
Vance R. Koven
Boston, MA USA
vrko...@world.std.commailto:vrko...@world.std.com
___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.

RE: UK Jewish school denies racial discrimination - Yahoo! News

2009-10-31 Thread Will Linden
It seems to me that the answer to whether Jewishness is religious or
ethnic changes according to the moment's convenience, to the frustration
of those who find we are Jewish enough for any REAL anti-semites, but
not for the Jews.

Wm. Linden
First-degree mongrel under the Nuremberg Laws.

It seems to me that discrimination based on being Jewish
 under traditional religious rules is both religious
 discrimination and ethnicity discrimination.  I'm Jewish by
 birth (i.e., my mother, and my mother's mother, were
 Jewish, though they weren't religious) but not religious.
 Under the traditional religious rules, I'm Jewish, with no
 need for a difficult conversion process.  My wife is not
 Jewish by birth, so while she could become Jewish under the
 traditional religious rules, this would require a difficult
 conversion process.  So the exclusion of people who are
 neither born Jewish nor converted to Judaism is
 discrimination based both on ethnicity and religion.

Eugene

 From: religionlaw-boun...@lists.ucla.edu
 [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Vance R. Koven
 Sent: Saturday, October 31, 2009 8:19 AM
 To: Law  Religion issues for Law Academics
 Subject: Re: UK Jewish school denies racial discrimination - Yahoo! News

 Indeed. And in order to uphold the racial discrimination charge, does the
 court have to rule that the mother is not, in fact, Jewish, because
 Judaism is defined under British law as an ethnic group rather than a
 religion? That, it seems to me, is the principal error here. If the father
 had converted to Christianity instead of the mother to Judaism, would it
 still be racial discrimination to keep the boy out?

 Vance
 On Sat, Oct 31, 2009 at 5:27 AM, Joel Sogol
 jlsa...@wwisp.commailto:jlsa...@wwisp.com wrote:
 So who decides the criteria for being Jewish?  The court or the Rabbi?

 http://news.yahoo.com/s/ap/20091027/ap_on_re_eu/eu_britain_jewish_school



 Joel Sogol


 ___
 To post, send message to
 Religionlaw@lists.ucla.edumailto:Religionlaw@lists.ucla.edu
 To subscribe, unsubscribe, change options, or get password, see
 http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

 Please note that messages sent to this large list cannot be viewed as
 private.  Anyone can subscribe to the list and read messages that are
 posted; people can read the Web archives; and list members can (rightly or
 wrongly) forward the messages to others.



 --
 Vance R. Koven
 Boston, MA USA
 vrko...@world.std.commailto:vrko...@world.std.com
 ___
 To post, send message to Religionlaw@lists.ucla.edu
 To subscribe, unsubscribe, change options, or get password, see
 http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

 Please note that messages sent to this large list cannot be viewed as
 private.  Anyone can subscribe to the list and read messages that are
 posted; people can read the Web archives; and list members can (rightly or
 wrongly) forward the messages to others.


___
To post, send message to Religionlaw@lists.ucla.edu
To subscribe, unsubscribe, change options, or get password, see 
http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw

Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.