header-logo header-logo

10 July 2009 / Craig Rose
Issue: 7377 / Categories: Opinion , Judicial review , Discrimination
printer mail-detail

(Un)orthodox selection

JFS pupil selection: race discrimination or religious freedom? asks Craig Rose

The Court of Appeal has affirmed that Jewish schools can give preference to Jewish children in their selection policies, but has effectively made it impossible for them to apply the age-old Orthodox Jewish religious criteria for determining whether or not someone is Jewish (see R (on the application of E) v Governing Body of the Jews’ Free School (the United Synagogue intervening) [2009] EWCA Civ 626, [2009] All ER (D) 260 (Jun)).

The definition of Jewishness in Halachah, the ancient body of Jewish law, is simple—you are Jewish if you were born of a mother who was herself Jewish by birth or conversion. It’s irrelevant that your father was Jewish or not Jewish. Nor does it matter what a person believes or practises. As long as he was born of a Jewish mother, an atheist who eats pork chops on Yom Kippur is as much a Jew as the Chief Rabbi. This reflects the fundamental tenet of Orthodox Judaism that the Jews are a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll