Israel's Supreme Court Orders Tel Aviv to Permit Outdoor Sex-Separated Yom Kippur Services

Times of Israel reports that yesterday a unanimous 3-judge panel of Israel's Supreme Court ordered the municipality of Tel Aviv to permit the Orthodox Jewish outreach organization Rosh Yehudi to hold outdoor sex-separated Yom Kippur services.  According to the report:

The ruling comes after the Tel Aviv Municipality refused to allow such a service with a gender partition anywhere outdoors in the city, citing a municipal ordinance banning public gender separation and despite being requested by the court to agree to such a compromise.

Last Yom Kippur, Dizengoff Square was the scene of a violent struggle between secular activists and a group of Rosh Yehudi worshipers when the organization defied a municipality ban on a prayer service with a gender partition, a decision upheld by the courts, by setting up a barrier made of Israeli flags....

During Wednesday’s hearing, the three justices were highly critical of the Tel Aviv Municipality’s position, accused it of discriminating against Orthodox worshipers and were frustrated by its refusal to countenance the compromise suggested by the court to move the prayers to Meir Park....

The ruling itself, ordering the municipality to accept the compromise the court offered, was issued without the reasoning behind it due to the time constraints of the case, coming just days before Yom Kippur which falls this Friday night and Saturday.

Jewish Students Sue Haverford College Alleging Title VI Violations

Suit was filed last week in a Pennsylvania federal district court by Jewish students as Haverford College alleging that the college has violated Title VI of the 1964 Civil Rights Act by discriminatory application of its nondiscrimination policy and willful failure to enforce its nondiscrimination policy to protect Jewish students. The complaint also alleges breach of contract. The complaint (full text) in Jews at Haverford v. The Corporation of Haverford College, (ED PA, filed 5/13/2024), alleges in part:

Haverford has become an illiberal institution fixated on appeasing the demands of anti-Israel students and faculty.  Haverford refuses to tolerate ideas about Israel that are at odds with its new political orthodoxy—in particular, the Jewish people’s ethnic, historical, shared ancestral and religious claims to their ancestral homeland in Israel.  This intolerance is enforced through shunning of Jewish students committed to the existence of the State of Israel as a Jewish state, and through the lauding and accepting of antisemitic student demands by Haverford’s President Wendy Raymond and her administration....

Haverford has violated Title VI by failing to protect the rights of Jewish Haverford students to participate fully in college classes, programs, and activities, without fear of harassment if they express beliefs about Israel that are anything less than eliminationist.  In this pervasively hostile environment, Jewish students hide their beliefs, as well as their attendance at religious services or even secular events at which support for the existence of Israel is articulated or defended.  While Israel-hating students march across the campus chanting quotes from the terrorist group Hamas calling for Israel’s destruction—as they have done frequently and without any restraint or interference from the Administration— these Jewish students hide in their rooms, feeling unable even to go to class or to engage in any of the other activities that constitute the life of an undergraduate....

The Deborah Project has more information on the lawsuit.

Court Grants Injunction to Jewish Students at UCLA Impeded by Gaza Protests

In Frankel v. Regents of the University of California, (CD CA, Aug. 13, 2024), a California federal district court issued a preliminary injunction in a suit brought by Jewish students at UCLA who were blocked from accessing portions of the campus by pro-Palestinian encampments protesting Israel's retaliation in Gaza. The court said in part:

In the year 2024, in the United States of America, in the State of California, in the City of Los Angeles, Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith. This fact is so unimaginable and so abhorrent to our constitutional guarantee of religious freedom that it bears repeating, Jewish students were excluded from portions of the UCLA campus because they refused to denounce their faith. UCLA does not dispute this. Instead, UCLA claims that it has no responsibility to protect the religious freedom of its Jewish students because the exclusion was engineered by third-party protesters. But under constitutional principles, UCLA may not allow services to some students when UCLA knows that other students are excluded on religious grounds, regardless of who engineered the exclusion....

Under the Court’s injunction, UCLA retains flexibility to administer the university. Specifically, the injunction does not mandate any specific policies and procedures UCLA must put in place, nor does it dictate any specific acts UCLA must take in response to campus protests. Rather, the injunction requires only that, if any part of UCLA’s ordinarily available programs, activities, and campus areas become unavailable to certain Jewish students, UCLA must stop providing those ordinarily available programs, activities, and campus areas to any students. How best to make any unavailable programs, activities, and campus areas available again is left to UCLA’s discretion.

Becket issued a press release announcing the decision.

Court Dismisses Title VI Suit Claiming Hostile Environment Affecting Jewish Students At MIT

In StandWithUs Center for Legal Justice v. Massachusetts Institute of Technology, (D MA, July 30, 2024), a Massachusetts federal district court dismissed a suit against MIT that alleged deliberate indifference to a hostile educational environment impacting Jewish and Israeli students in violation of Title VI of the Civil Rights Act of 1964. The court said in part:

The [complaint] compellingly depicts a campus embroiled in an internecine conflict that caused Jewish and Israeli students great anguish.  Plaintiffs frame MIT’s response to the conflict largely as one of inaction.  But the facts alleged tell a different story.  Far from sitting on its hands, MIT took steps to contain the escalating on-campus protests that, in some instances, posed a genuine threat to the welfare and safety of Jewish and Israeli students, who were at times personally victimized by the hostile demonstrators.  MIT began by suspending student protestors from non-academic activities....while suspending one of the most undisciplined of the pro-Palestine student groups.  These measures proved ineffective when, in April of 2024, protestors erected the Kresge lawn encampment.  MIT immediately warned students of impending disciplinary action, but its threat went unheeded....  When MIT’s attempt to peacefully clear the encampment proved futile, it suspended and arrested trespassing students. In hindsight, one might envision things MIT could have done differently.  Indeed, some campus administrators elsewhere ... reacted to the protests differently (and with more positive results) than MIT.  But that is not the applicable standard.  That MIT’s evolving and progressively punitive response largely tracked its increasing awareness of the hostility that demonstrators directed at Jewish and Israeli students shows that MIT did not react in a clearly unreasonable manner.

The court also dismissed conspiracy, negligence and breach of contract claims. Bloomberg Law reports on the decision.

Israel's Supreme Court Orders Drafting of Haredi Men

Yesterday, Israel's Supreme Court in a controversial ruling ordered the government to end draft deferments that have been given to ultra-Orthodox Jewish men studying in yeshivas.  According to The Guardian:

The unanimous ruling on Tuesday, from an expanded panel of nine judges, upheld an interim decision last month that the state had no authority to offer the current exemption for ultra-Orthodox, or Haredi, men. It found that yeshivas – Orthodox seminaries for Torah study – should be ineligible for state subsidies unless students enlisted in the military.

The court ruled the state was carrying out “invalid selective enforcement, which represents a serious violation of the rule of law, and the principle according to which all individuals are equal before the law … In the midst of a grueling war, the burden of inequality is harsher than ever and demands a solution.”

According to Times of Israel, within hours after the Court's decision, Israel's Attorney General ordered the Israel Defense Forces to immediately draft 3000 yeshiva students and ordered government ministries to stop transferring already-appropriated funds to yeshivas where students were studying in lieu of military service.

President Biden Issues Passover Statement

Passover begins this evening. Yesterday President Biden issued a Statement on Passover (full text) which says in part:

Tomorrow night, Jews around the world will celebrate Passover, recounting their miraculous Exodus story from hundreds of years of enslavement in Egypt and their journey to freedom. This holiday reminds us of a profound and powerful truth: that even in the face of persecution, if we hold on to faith, we shall endure and overcome....

My commitment to the safety of the Jewish people, the security of Israel, and its right to exist as an independent Jewish state is ironclad. My Administration is working around the clock to free the hostages, and we will not rest until we bring them home. We are also working to establish an immediate and prolonged ceasefire in Gaza as a part of a deal that releases the hostages and delivers desperately needed humanitarian aid to Palestinian civilians. We will continue to work toward a two-state solution that provides equal security, prosperity, and enduring peace for Israelis and Palestinians. And we are leading international efforts to ensure Israel can defend itself against Iran and its proxies, including by directing the U.S. military to help defend Israel against Iran’s unprecedented attacks last weekend.

The ancient story of persecution against Jews in the Haggadah also reminds us that we must speak out against the alarming surge of Antisemitism – in our schools, communities, and online. Silence is complicity. Even in recent days, we’ve seen harassment and calls for violence against Jews. This blatant Antisemitism is reprehensible and dangerous – and it has absolutely no place on college campuses, or anywhere in our country. My Administration will continue to speak out and aggressively implement the first-ever National Strategy to Counter Antisemitism, putting the full force of the federal government behind protecting the Jewish community....

House Brands Palestinian Slogan as Antisemitic

Yesterday the U.S. House of Representatives by a vote of 377-44 adopted House Resolution 883 (full text) stating that the slogan, "from the river to the sea, Palestine will be free'" is antisemitic. After 29 "Whereas" clauses, the Resolution reads:

That it is the sense of the House of Representatives that—

(1) the slogan, “from the river to the sea, Palestine will be free”, is outrightly antisemitic and must be strongly condemned; 

(2) this slogan is divisive and does a disservice to Israelis, Palestinians, and all those in the region who seek peace;

(3) this slogan rejects calls for peace, stability, and safety in the region;

(4) this slogan perpetuates hatred against the State of Israel and the Jewish people; and

(5) anyone who calls for the eradication of Israel and the Jewish people are antisemitic and must always be condemned.

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.

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.

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.

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.

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.

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.

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.

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.

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....

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.

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.

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.

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.