Showing posts with label Israel. Show all posts
Showing posts with label Israel. Show all posts

Thursday, February 08, 2024

British Employment Tribunal Holds That Anti-Zionist Views Are a Protected Philosophical Belief

In Miller v. University of Bristol, (Bristol Empl. Trib., Feb. 5, 2024), a British Employment Tribunal held that anti-Zionist views held by a Professor of Political Sociology at the University of Bristol qualify as a philosophical belief that is protected under Equality Act 2010, Sec. 4 and 10. In a 108-page, 495 paragraph opinion, the Tribunal describes the professor's claims:

He contends that since at least March 2019 he was subject to an organised campaign by groups and individuals opposed to his anti-Zionist views, which was aimed at securing his dismissal. Further, he alleges that the respondent failed to investigate or support him in respect of this campaign and instead subjected him to discriminatory and unfair misconduct proceedings which culminated eventually in his summary dismissal.

In reaching its conclusion that the professor's beliefs were protected, the court applied the criteria from an Employment Appeals Tribunal decision, Grainger Plc v. Nicholson, one of which is that the belief "must be worthy of respect in a democratic society, be not incompatible with human dignity and not conflict with the fundamental rights of others."

The professor contended "that his anti-Zionism is not opposition to or antipathy towards Jews or Judaism," and apparently the University conceded that none of his actions or statements were antisemitic.

The court, in finding that the professor's beliefs are protected, said in part:

... [W]hile those in opposition to the claimant's views could logically and cogently argue that antisemitism is why Zionism exists in the first place, it is not for the tribunal to inquire into the validity of either belief.... 

The tribunal is aware that there are very strong opposing beliefs and opinions to those held and expressed by the claimant. However, ... the paramount guiding principle in assessing any belief is that it is not for the court or tribunal to inquire into its validity.

In a press release commenting on the court's decision, the University said in part:

 After a full investigation and careful deliberation, the University concluded that Dr Miller did not meet the standards of behaviour we expect from our staff in relation to comments he made in February 2021 about students and student societies linked to the University. As a result and considering our responsibilities to our students and the wider University community, his employment was terminated. 

Law & Religion UK has a lengthier discussion of the decision.

Tuesday, January 09, 2024

Art Institute School Sued for Antisemitic Discrimination and Hostility

Three weeks ago, suit was filed in an Illinois federal district court against the School of the Art Institute of Chicago by a Jewish Israeli student claiming a long-running pattern of discrimination and hostility at the school toward Jews and Israelis. The complaint (full text) in Canel v. School of the Art Institute of Chicago, (ND IL, filed 12/22/2-23), alleges discrimination against plaintiff in the admissions process and increasing harassment by faculty and students since the October 7 Hamas terror attack on Israel. Also named as a defendant was one Art Therapy faculty member who has taken a leading role in facilitating anti-Israel actions aimed at plaintiff. The complaint alleges violation of Title VI of the 1964 Civil Rights Act the Illinois Human Rights Act and the Illinois Consumer Fraud and Deceptive Business Practices Act, as well as breach of contract and intentional infliction of emotional distress. Jewish News Service reports on the lawsuit.

Friday, December 29, 2023

Israel's Top Court OK's Adoption by Same-Sex Couples

 As reported by Times of Israel, a 3-judge panel of Israel's Supreme Court sitting as the High Court of Justice yesterday ruled that under Israel's 1981 adoption law, same-sex couples are eligible to adopt children. The court said in part:

Though the language of clause 3 [of the child adoption law, 1981] is more consistent, on its face, with the interpretation according to which the phrase of ‘a man and his wife together’ refers to heterosexual couples, an interpretation according to which this section also includes same-sex couples does not go beyond the range of possible linguistic interpretations.

This is because examining the phrase in its full linguistic context shows that the language of the section creates a distinction between two general categories: those who belong to a family framework that includes two parents, versus those who seek to adopt into a single-parent family framework. That is, the focus of the section is that it is an adoption by a stable marital framework to which the child will be given, unlike an single [parent framework].

According to Times of Israel, reporting on Acting Supreme Court President Uzi Vogelman's opinion:

He added that historical record showed that when the law was legislated the question of whether same-sex couples were fit to adopt was not considered. Vogelman wrote that the language of the law was devised by the Knesset to determine that it was for the benefit of the child up for adoption to be adopted into a two-parent family, and it was not aimed at making a determination regarding same-sex couples.

Thursday, September 28, 2023

Israel's High Court Orders Government To Explain Its Inaction Against Top Rabbi's Hateful Remarks

 Times of Israel and Jerusalem Post report that on Tuesday Israel's Supreme Court, sitting as the High Court of Justice, issued a temporary injunction ordering the government to explain why it has not taken disciplinary action against Jerusalem's Sephardi Chief Rabbi Shlomo Amar for the severely derogatory remarks he has made about Reform Judaism, the LGBTQ community and the Women of the Wall Movement.  For example, Amar has blamed small earthquakes in Israel earlier this year on the LGBTQ community and has called Reform Jews "evil people who do every injustice ... against the Torah." Petitioners-- the Reform Movement, the Women of the Wall, and the Jerusalem Open House for Pride and Tolerance-- say they have asked the government to take action 16 times in the last four years, but nothing was done.

Tuesday, September 12, 2023

Former Israeli Prime Minister Wins Defamation Action

Times of Israel reports that a Tel Aviv Magistrate's Court yesterday ruled in favor of former Israeli Prime Minister Naftali Bennett in his defamation action against Rabbi Yosef Mizrachi.  Mizrachi had falsely claimed that Bennett's mother is not Jewish. The court ordered Mizrachi to pay damages and to post an apology on his YouTube channel. The suit is part of a series of defamation actions that Bennett has filed since he left office seeking to “clean the internet” of "poison and fake news" in Israel.

Wednesday, July 12, 2023

Contractor Lacks Standing to Sue Texas AG In Challenge To Anti-BDS Law

In A&R Engineering and Testing, Inc. v. Scott, (5th Cir., July 10, 2023), the U.S. 5th Circuit Court of Appeals held that a company and its Palestinian owner, both of whom boycott Israel, lack standing to sue the Texas Attorney General in a challenge to Texas' anti-Boycott, Divestment and Sanctions (BDS) Act. The law requires government contracts to include a clause certifying that the contractor does not and will not boycott Israel during the duration of the contract. Plaintiff wanted to renew its long-standing $1.5 million contract with the city of Houston without the anti-BDS clause in it. The court said in part:

[I]t’s unclear how A&R can trace its economic injury to the Attorney General.... Traceability is particularly difficult to show where the proffered chain of causation turns on the government’s speculative future decisions regarding whether and to what extent it will bring enforcement actions in hypothetical cases....

The court said that the anti-BDS statute does not expressly provide a way for the Attorney General to enforce it, and the Attorney General has not taken any action suggesting that he might enforce it. The court went on:

The City told the district court it would follow state law and include the provision. But the City never attributed its actions to any enforcement or threatened enforcement by the Attorney General. A&R’s injury depended on the “unfettered,” “independent” choices of the City ..., so the injury isn’t traceable to the Attorney General.... And A&R does not have standing to sue him.

(See prior related posting.) Jerusalem Post reports on the court's decision.

Wednesday, March 08, 2023

Israel's Supreme Court Says Interior Ministry Must Register Marriages Performed on Zoom Through Utah

The Times of Israel and Jerusalem Post report on yesterday's decision by Israel's Supreme Court in    Ministry of the Interior v. Brill (Israel Sup. Ct., March 7, 2023) (summary and full text of decision in Hebrew). The Court ruled that the Interior Ministry's Population and Immigration Authority must register marriages of Israelis performed online through Zoom by a Deputy Clerk in the U.S. state of Utah with the other marriage participants being located in Israel. Utah County has created a fairly simple procedure for "Marriage Ceremonies By Remote Appearance." The Supreme Court's ruling affirms decisions by two separate Israeli trial courts. The Supreme Court insisted that it was ruling only on the obligation of the Registry Clerk to register the marriage once presented with the relevant documentation and was not ruling on the marriage's validity. The Registry Clerk, the Court said, did not have authority to decide the difficult legal question of whether the marriage should be seen as having taken place in Utah or in Israel.

Previously, Israeli Jewish couples wishing to marry without leaving the country have been required to marry through the Chief Rabbinate. Civil marriage has been unavailable. Some 1200 Israeli couples have already married through Utah in ceremonies performed on Zoom. According to The Times of Israel:

The court’s ruling is a significant win for advocates of civil marriage in Israel who have campaigned for it for decades, but will be bitterly opposed by the coalition’s religious parties, which denounced the decision as soon as it was published.

The controversial ruling comes as Israel is in the midst of a bitter battle over proposed judicial reforms that, among other things, would give the Knesset (the Parliament) the power through a simple majority vote to overrule Supreme court decisions.

Wednesday, February 22, 2023

Cert. Denied in Challenge to Arkansas' Ban on Companies Boycotting Israel

The U.S. Supreme Court yesterday denied review in Arkansas Times LP v. Waldrip, (Docket No. 22-379, certiorari denied 2/21/2023). (Order List.)  In the case, the U.S. 8th Circuit Court of Appeals sitting en banc, in a 9-1 opinion, upheld against a free speech challenge Arkansas' law requiring public contracts to include a certification from the contractor that it will not boycott Israel.  The 8th Circuit held that the law only bans non-expressive commercial decisions. (See prior posting.) JNS reports on the denial of certiorari. Here is the SCOTUSblog case page with links to briefs filed in the case.

Wednesday, February 08, 2023

In Israel, Jerusalem Municipality Places Tax Lien on Vatican-Owned Guest House

Times of Israel reports that the Jerusalem Municipality has placed a lien on the bank accounts of the Vatican-owned Notre Dame of Jerusalem Center.  The Center contains a guest house with rooms and suites for travelers, a chapel, restaurants and other facilities.  Municipal authorities say that the Center owes $5 million in back taxes, contending that it operates as a regular hotel. The Vatican says it is a non-profit organization serving Christian pilgrims. The paper explains in part:

Religious institutions in Israel, including churches and monasteries, are exempt from paying property tax. However, in recent years, Israel has sought to come to an agreement with the Vatican that would place Church-owned commercial enterprises — like hotels and coffee shops — under taxation.....

The Church’s position is that since the sides have not come to a final agreement, the existing arrangement in which no properties are taxed should remain in force.

The state has not fought this claim, but in 2018, the Jerusalem municipality decided — citing the legal opinion of Gabriel Hallevy, whom it described as an international law expert — that the exemption for churches applies only to properties used “for prayer, for the teaching of religion, or for needs arising from that.”

The church argues that the guest house functions as a religious institution, and should be exempt from the taxes....

Wednesday, November 02, 2022

Religious Parties Winning 33 Seats In Israel's Knesset Election

Haaretz reports that as of 4:07 PM Nov. 2 (Israeli time), with 85.9% of the vote in yesterday's election counted, three Jewish religious parties appear to have won seats in the Knesset: Religious Zionism- 14 seats; Shas- 11 seats; United Torah Judaism- 8 seats.  Benjamin Netanyahu's Likud Party appears to have won 32 seats, so that in coalition with the religious parties, they will have a majority of the 120 seats in the Knesset. There could be some change in these numbers as Meretz has won 3.19% of the vote so far. If this increases to 3.25% in the final tabulation, it will take a seat.

Tuesday, October 25, 2022

Certiorari Filed in Challenge to Arkansas Anti-BDS Law

 A petition for certiorari (full text) has been filed with the U.S. Supreme Court in Arkansas Times, LP v. Waldrip, (Sup. Ct., filed 10/20/2022). In the case, the U.S. 8th Circuit Court of Appeals sitting en banc, in a 9-1 opinion, upheld against a free speech challenge Arkansas' law requiring public contracts to include a certification from the contractor that it will not boycott Israel. (See prior posting.) ACLU issued a press release announcing the filing of the petition for review.

Monday, July 11, 2022

Israeli Trial Court Rules That Government Must Recognize Online Civil Marriage Ceremony

 Times of Israel reports:

A ruling by the Lod District Court has upended the religious status quo in Israel and could augur a marriage revolution in the Jewish state.

In a decision published on Friday, Judge Efrat Fink ruled that the Population and Immigration Authority of the Interior Ministry is obligated to register as married couples who wed through an online civil marriage service carried out under the auspices of the US state of Utah.

The decision means that Israeli couples can now get married in civil ceremonies without leaving the country, granting a de facto victory to advocates in the decades-long struggle for civil marriage in Israel.

Friday, June 24, 2022

8th Circuit Upholds Arkansas Israel Boycott Certification Requirement

The U.S. 8th Circuit Court of Appeals sitting en banc, in a 9-1 opinion, upheld Arkansas' law requiring public contracts to include a certification from the contractor that it will not boycott Israel.  In Arkansas Times LP v. Waldrip, (8th Cir., June 22, 2022), the court held that the the statute's broad definition of "boycott" as including "other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel or in Israeli-controlled territories" is only a prohibition on non-expressive commercial decisions that are not protected under the First Amendment's free speech clause. The court also held that the required certification from the contractor does not amount to "compelled speech". The suit was brought by a newspaper that contracts with a state college.

Judge Kelley dissented, arguing that the statute was broader than the majority found it to be.  He contended that "other actions intended to limit commercial relations with Israel" could encompass more than just commercial activity, including activity that is protected by the First Amendment.  For example, it might include posting anti-Israel signs, donating to causes that promote a boycott of Israel, encouraging others to boycott Israel, or publicly criticizing the anti-boycott statute. (The en banc decision reverses a decision by a 3-judge panel of the 8th Circuit handed down last year.) The Forward reports on the decision.

Thursday, May 19, 2022

In Israel, Jewish Group Sues Haredi News Site Over Policy On Photos Of Women

Times of Israel reported yesterday that the Israel Religious Action Center, a branch of the Judaism's Reform movement, is suing an ultra-Orthodox Jewish news website in Israel for $100,000(US) in damages because of its policy of digitally blurring faces of females in news photos it posts. Last year, the news site B'hadrei Haredim blurred the faces of female leaders of Jewish movements in a photo of their meeting with Israel's President Isaac Herzog. A number of Orthodox news sites follow this policy in order to observe religious doctrines regarding modesty.

Monday, March 28, 2022

Certiorari Denied In Synagogue Picketing Case

Last week, the U.S. Supreme Court denied review in Brysk v. Herskovitz, (Docket No. 21-1024, certiorari denied 3/21/2022). (Order List). In the case, the U.S. 6th Circuit Court of Appeals dismissed a suit by synagogue members against anti-Israel pickets who have picketed services at the Beth Israel Synagogue in Ann Arbor, Michigan every week since 2003.  A majority held that the picketers were protected by the First Amendment. (See prior posting).

Iowa Adopts IHRA Definition Of Antisemitism

On March 23, Iowa Governor Kim Reynolds signed HF 2220 (full text) which provides that in the enforcement of state anti-discrimination laws, in determining whether an act was undertaken with antisemitic intent, the state shall take into consideration the definition of antisemitism adopted in 2016 by the International Holocaust Remembrance Alliance.

Governor Reynolds also signed HF2373 (full text) which expanded the definition of "company" in the state's Israel Anti-boycott law.

KCRG News reported on the governor's actions.

Friday, March 11, 2022

Israel's Chief Rabbi Proposes Special Court To Aid Ukrainian Refugees In Proving Religious Status

Jewish Press and Israel Hayom yesterday reported that Israel's Chief Ashkenazi Rabbi David Lau in a letter to Israel's attorney general has proposed setting up a special religious court (Beit Din) to assist the expected 30,000 or more refugees from Ukraine in proving their Jewish status, thus entitling them to Israeli citizenship under the Law of Return.  The refugees are now entering the country with tourist visas.  Lau pointed out that many Ukrainians fled their homes without documentation of their religious status. Lau plans to appoint three retired religious court judges with experience in this area to the special Beit Din.

Tuesday, February 22, 2022

First Muslim Appointed To Permanent Seat On Israel's Supreme Court

According to the Jerusalem Post, in Israel yesterday the Judicial Selection Committee appointed four new justices to the Supreme Court, one of whom is the first Muslim to serve as a permanent Justice.  The new Justice,  Khaled Kabub, fills the "Arab-Israeli seat" on the court which previously has been held by Christian Arabs (except for a temporary 9-month appointment in 1999 of Abdel Rahman Zoabi). Since 2003, Kabub has served as a judge on the Tel Aviv District Court where he has handled primarily cases involving economic crimes.

Monday, February 07, 2022

Georgia Legislature Passes Revised Anti-Boycott of Israel Bill

On January 27, the Georgia legislature gave final passage to House Bill 383 (full text). The bill enacts a revised version of the state's law on participation in boycotts of Israel in reaction to a federal district court's decision last year holding the prior version unconstitutional on free speech grounds. (See prior posting). Like the original version, the new bill requires companies contracting with the state to certify that they are not currently engaged in a boycott of Israel and will not do so during the contract.  The new bill, however, applies only to companies and not to individuals, and applies only to state contracts of $100,000 or more. In a Jan. 31 press release, CAIR said that if the bill is signed by the governor, it will again challenge it in court.

Monday, January 31, 2022

Part Of Texas Anti-BDS Law Held Unconstitutional

In A & R Engineering and Testing, Inc. v. City of Houston, (SD TX, Jan. 28, 2022), a Texas federal district court held unconstitutional a portion of the Texas statute requiring companies entering contracts with governmental entities to certify that they do not, and will not during the term of the contract, boycott Israel. The court said in part:

[Plaintiff] denies any anti-Jewish motivation and testified that his desire to boycott has nothing to do with Jewish people (American or Israeli) but is focused on the acts of the Israeli government.... Nevertheless, the legislation at issue did not originate in an historical vacuum.... [A]nyone with a basic knowledge of modern history knows that one of the first anti-Jewish acts taken by the Nazis after they took power in Germany was the boycott of Jewish businesses in 1933.

The court found a portion of the law unobjectionable:

[T]he court agrees that the mere refusal to engage in a commercial/ economic relationship with Israel or entities doing business in Israel is not "inherently expressive" and therefore does not find shelter under the protections of the First Amendment.

However the court went on to find a First Amendment problem with the provision in the statute that requires businesses also to refrain from "otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations" with Israel or Israeli entities.  The court said in part:

[A]ctions intended to penalize or inflict economic harm on Israel could include conduct protected by the First Amendment, such as giving speeches, nonviolent picketing outside Israeli businesses, posting flyers, encouraging others to refuse to deal with Israel or Israeli entities, or sponsoring a protest which encourages local businesses to terminate business activities with Israel.

The court issued a preliminary injunction limited to this plaintiff, refusing a state-wide injunction or one covering other businesses.  Arab News reports on the decision.