Showing posts with label Jewish. Show all posts
Showing posts with label Jewish. Show all posts

Sunday, May 07, 2023

King Charles Coronation Ceremony for First Time Includes Participation by Non-Anglican Faith Leaders

The Church of England has published (full text) the 42-page Authorized Liturgy for the Coronation Rite of His Majesty King Charles III along with Commentary on each portion of the liturgy. Unique to Charles' coronation is the participation of representatives of faith communities outside the Church of England. Representatives of other Christian communities will offer blessings during the Coronation service (see pg. 25). They are The Greek Orthodox Archbishop of Thyateira & Great Britain; The Moderator of The Free Churches; The Secretary General of Churches Together in England; and The Cardinal Archbishop of Westminster. The Church of England's Commentary to this portion of the liturgy reads:

The progress of ecumenical relations since 1953 means that, for the first time, this Blessing is to be shared by Christian leaders across the country.

In addition, non-Christian faith leaders will have a role in the Coronation. The ceremony begins with a Procession of Faith Leaders & Representatives of Faith Communities (see pg. 2).  The Commentary to the liturgy reads:

Faith Leaders and representatives from the Jewish, Sunni and Shia Muslim, Sikh, Buddhist, Hindu, Jain, Bahai and Zoroastrian communities will be part of the procession into Westminster Abbey. 

This represents the multi-faith nature of our society and the importance of inclusion of other faiths whilst respecting the integrities of the different traditions.

The ceremony ends with the new King receiving a greeting by representatives of the Jewish, Hindu, Sikh, Muslim, and Buddhist faith communities:

As the King stands before the Leaders and Representatives of the Faith Communities, they deliver the following greeting in unison. 

Faith Leaders & Representatives: 

Your Majesty, as neighbours in faith, we acknowledge the value of public service. We unite with people of all faiths and beliefs in thanksgiving, and in service with you for the common good.

The King acknowledges the greeting, and turns to greet the Governors-General.

The Commentary to this section of the Liturgy reads:

In an unprecedented gesture consolidating the significance of the religious diversity of the Realms, the Sovereign will take his final moments of the service to receive a greeting from the leaders and representatives from the major non-Christian faith traditions. 

In a spoken greeting these faith leaders and representatives speak with their own voices, as communities, but deliver the greeting in unison, as a community of faiths, united in the service of others, and in thanksgiving for His Majesty’s example this day, and every day of his reign. 

We remain grateful to all faith communities for exploring ways in which such an act of unity could be produced, and especially to the Jewish community for finding ways to make this possible without compromising the observance of Shabbat.

CNN reported that  England's Chief Rabbi was invited to stay at St. James Palace over the Sabbath so that he could walk to the ceremony at Westminster Abbey.  Catholic News Agency in an article titled Catholic prelate to participate in British coronation for first time since Reformation reported that the Catholic Bishops’ Conference of England and Wales in advance of the Coronation has issued a special prayer card with prayers for the King. Law & Religion UK has additional reporting on the coronation.

Saturday, April 29, 2023

Biden Declares May As Jewish American Heritage Month

Yesterday President Biden issued a Proclamation (full text) declaring May to be Jewish American Heritage Month. The Proclamation reads in part:

 Jewish Americans continue to enrich every part of American life as educators and entrepreneurs, athletes and artists, scientists and entertainers, public officials and activists, labor and community leaders, diplomats and military service members, public health heroes, and more.... 

All Americans — including business and community leaders, educators, students, athletes, entertainers, and influencers — must help confront bigotry in all its forms.  We must each do our part to put an end to antisemitism and hatred and create a culture of respect in our workplaces, schools, and homes and across social media.

This Jewish American Heritage Month, let us join hands across faiths, races, and backgrounds to make clear that evil, hate, and antisemitism will not prevail.  Let us honor the timeless values, contributions, and culture of Jewish Americans, who carry our Nation forward each and every day.  And let us rededicate ourselves to the sacred work of creating a more inclusive tomorrow, protecting the diversity that defines who we are as a Nation, and preserving the dignity of every human being — here at home and around the world.

Friday, April 28, 2023

Former Cantor's Claims Against Synagogue Are Dismissed

In Sklar v. Temple Israel, Westport Inc., (CT Super., April 21, 2023), a Connecticut state trial court dismissed breach of contract and intentional infliction of emotional distress claims asserted by the former Cantor of defendant synagogue, Temple Israel.  Plaintiff contended that the Temple failed to provide him the procedural protections to which he was entitled under his contract before it fired him for three incidents of unsatisfactory performance of duties. The court held that the ministerial exception doctrine precludes plaintiff's contract claims, saying in part:

[T]he manner in which the defendant Temple Israel discharged or disciplined the plaintiff would constitute government interference with an internal decision that affects the faith and mission of the synagogue, thereby violating the Free Exercise Clause. The Court also finds that it would also violate the Establishment Clause, which prohibits government involvement in ecclesiastical decisions because it concerns internal management decisions of the synagogue as to its employment relationship with its clergy.

The court concluded that plaintiff's other allegations, while serious, are legally insufficient to support a claim for intentional infliction of emotional distress. Plaintiff had complained of lapses in COVID protocols and lack of enhanced security which exacerbated his post-traumatic stress disorder.

Thursday, March 30, 2023

11th Circuit: Jewish Student's Masking Objections Do Not Get 1st Amendment Protection

 In Zinman v. Nova Southeastern University, Inc., (11th Cir., March 29, 2023), the U.S. 11th Circuit Court of Appeals affirmed a Florida federal district court's dismissal of a suit by a Jewish law student challenging on religious grounds his school's COVID mask mandates. The court said in part:

None of Zinman’s claims are viable. His application for injunctive relief is moot as to all of the defendants. Zinman’s damages claims fare no better. His Title II claim fails because damages are not available under Title II of the Civil Rights Act. His Title VI claim fails because the Second Amended Complaint does not contain any factual allegations -- as it must -- from which we could infer that any of the masking decisions NSU made were animated by discriminatory intent. And his § 1983 claims fail because Zinman has not plausibly alleged that any of his constitutional rights were violated.....

Zinman has failed to state a claim for a free exercise violation arising under the First Amendment because Zinman does not explain why the mask mandates were not neutral and generally applicable. Neutral rules of general application are subject only to rational basis review.... The adoption of mask mandates easily passed this test.... 

Zinman has also failed to state a claim for a free speech violation because wearing a mask is not speech or expressive conduct protected by the First Amendment.... 

The likelihood is exceedingly remote and attenuated that a reasonable passerby observing Zinman without a mask on would interpret his unmasked status as an attempt to convey some sort of message. There are so many more probable explanations for a person’s decision to go unmasked that have nothing to do with conveying any sort of message -- political, religious, or otherwise. Thus, for example, a person may not be masked for medical reasons, or because he left his mask at home, or perhaps just on account of a personal dislike for masking.

Monday, March 27, 2023

Yeshivas Win Partial Victory In Challenge To New York's Substantial Equivalency Rules

In In re Parents for Educational and Religious Liberty in Schools v. Young, (Albany County Sup.  Ct., March 23, 2023), a New York state trial court gave a partial victory to Orthodox Jewish day schools (yeshivas) that are challenging the state's "substantial equivalency" regulations. The regulations require that students in non-public schools receive instruction in required subject areas that is substantially equivalent to instruction received by public school students in the same district. While the court rejected petitioners' constitutional challenges, it held that the Department of Education exceeded its authority in promulgating rules that require parents to withdraw their children from schools that do not meet the substantial equivalency standards and enroll them elsewhere, and which allow local school authorities to shut down schools that do not meet the required standards. The court said in part:

[T]the statutory scheme places the burden for ensuring a child's education squarely on the parent, not the school.... [T]he Compulsory Education Law does not authorize or contemplate the imposition of penalties or other consequences upon a nonpublic school that has been found not to provide substantially equivalent instruction.

... [T]the court finds that respondents lack authority to direct parents to completely unenroll their children from nonpublic schools that have been determined to fall short of meeting each and every substantial equivalency criteria, nor do respondents have authority to direct the closure of such schools. Rather, the parents should be given a reasonable opportunity to prove that the substantial equivalency requirements for their children's education are satisfied by instruction provided through a combination of sources. For example, parents should be permitted to supplement the education that their children receive at a nonpublic school with supplemental instruction that specifically addresses any identified deficiencies in that education, such as by providing supplemental home instruction in compliance with the home schooling regulations as set forth in 8 NYCRR 100.10. Therefore, if a student is found to be attending a school that is not deemed "substantially equivalent", the home schooling rules shall apply if the parent chooses to keep their child enrolled at that school. As such, the parent may submit a plan that utilizes said school along with supplemental education as needed to create a satisfactory Individualized Home Instruction Plan....

Hamodia reports on the decision. [Thank to Thomas Rutledge for the lead.]

Tuesday, March 14, 2023

Suit Challenges California's Exclusion of Religious Schools from Funding for Students With Disabilities

Suit was filed yesterday in a California federal district court by six Jewish parents and two Orthodox Jewish day schools challenging the exclusion of sectarian schools from receiving funds made available to California under the Individuals with Disabilities Education Act. The complaint (full text) in Loffman v. California Department of Education, (CD CA, filed 3/13/2023), alleges in part:

12. Defendants’ administration and implementation of California law excludes Plaintiffs from the generally available public funding necessary to provide an education to students with disabilities.

13. Plaintiffs merely seek to educate and care for children with disabilities and practice their Jewish faith on an equal basis with other California citizens. 

14. As the Supreme Court recently held, they are entitled to equal treatment because “religious schools and the families whose children attend them . . . ‘are members of the community too.’” Espinoza v. Mont. Dep’t of Revenue, 140 S. Ct. 2246, 2262 (2020). Excluding Plaintiffs from government programs—for no other reason than the fact that they are  religious—is “odious to our Constitution and cannot stand.”

Becket issued a press release announcing the filing of the lawsuit.

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.

Thursday, February 09, 2023

Ministerial Exception Doctrine Requires Dismissal of Jewish Teacher's Defamation Suit

In Hyman v. Rosenbaum Yeshiva of North Jersey, (NJ Super., Feb. 8, 2023), a New Jersey state appellate court held that the ministerial exception doctrine required dismissal of a defamation suit brought by a rabbi who was an elementary school Judaic studies teacher at an Orthodox Jewish school. An investigation by an outside law firm employed by the school concluded that the rabbi had inappropriately touched 5th and 6th grade female students in his classes. The school terminated the rabbi's employment and, after consulting halachic authorities, e-mailed a letter to school parents informing them that the rabbi was terminated because his conduct violated the Orthodox Jewish standards of conduct set out in the school's Staff Handbook. According to the court:

The letter was spread throughout the entire school community and similar Jewish communities. Additionally, plaintiff's picture appeared on Jewish websites such as "Frums Follies" and "Lost Messiah," and the allegations were disseminated by bloggers. As a result, plaintiff was allegedly branded as a pedophile among the Jewish community, which affected any possibility of him obtaining future employment in education.

In affirming the dismissal of the rabbi's defamation suit, the court concluded that the ministerial exception doctrine applies to more than just employment discrimination lawsuits.  It said in part:

We ... conclude that the ministerial exception applies to bar tort claims, provided (1) the injured party is a minister formerly employed by a religious institution and (2) the claims are related to the religious institution's employment decision.

Friday, February 03, 2023

Chabad's Long-Running Suit Over Land Use Dismissed In Part

In Lubavitch of Old Westbury, Inc. v. Incorporated Village of Old Westbury, New York, (ED NY, Jan. 31, 2023), a New York federal magistrate judge recommended that the district court dismiss on various procedural and jurisdictional grounds (including statute of limitations) a number of the claims in a long-running suit by an Orthodox Jewish Chabad organization that has been unable to obtain permission to use some seven acres of property for religious education, worship and related activities. The magistrate judge began his lengthy Report and Recommendation as follows:

Presently before the Court is a motion to partially dismiss this action, which has been pending for more than fourteen years and involves factual allegations going back to 1994. In the years since the initial complaint was filed on December 17, 2008, this case has been assigned (and then reassigned) to four District Judges ... and four Magistrate Judges.... Furthermore, numerous law firms and attorneys have come and gone on behalf of the parties over this lengthy time span. As a reminder to the parties, they have an affirmative obligation under Federal Rule of Civil Procedure ("Rule") 1 "to secure the just, speedy, and inexpensive determination of every action and proceeding."...

A 237-page Second Amended Complaint in the case asserted 17 causes of action under the 1st, 4th, 5th and 14th Amendments, RLUIPA and the state Constitution.

Friday, January 06, 2023

"Ministerial Exception" Doctrine Applies to Claims by Kosher Wine Supervisor

In Markel v. Union of Orthodox Jewish Congregations of America, (CD CA, Jan. 3, 2023), a California federal district court held that the "ministerial exception" doctrine bars claims rooted in the California Labor Code brought against a synagogue organization by a mashgiach (kosher food supervisor) formerly employed by it. The court found that the Orthodox Union meets the requirements for a religious organization and that Markel should be categorized as a "minister", saying in part:

[T]he OU designated Markel as a head mashgiach at the Delano winery, and he was tasked with overseeing the kosher production of wine. Although a mashgiach may not be a "minister in the usual sense of the term—[he] was not a pastor or deacon, did not lead a congregation, and did not regularly conduct religious services"—Markel's title and assigned duties as mashgiach satisfy the first Hosanna-Tabor factor.... As mashgiach, Markel was integral to the koshering of wine for use by Orthodox Jews and the greater Jewish community, and his efforts were necessary in fulfilling an important function of the Jewish faith.

Second, Markel's position "reflected a significant degree of religious training followed by a formal process of commissioning." ...

Third, Markel's duties as a head mashgiach reflected the religious mission of the OU and the importance of supervising the kosher production of wine for the Orthodox Jewish faith.

Friday, December 16, 2022

NY Appellate Court Says Yeshiva University Must Recognize LGBTQ Student Group

In YU Pride Alliance v. Yeshiva University, (NY App. Div., Dec. 15, 2022), a New York state appellate court affirmed a trial court's decision that New York City's public accommodation law requires Yeshiva University to officially recognize as a student organization an LGBTQ group, YU Pride Alliance. The appellate court said in part:

[The trial court] correctly held that Yeshiva does not meet the definition of "religious corporation incorporated under the education law or the religious corporation law," which would exempt it from the prohibitions against discrimination in public accommodations as an organization "deemed to be . . . distinctly private" (Administrative Code of City of NY §§ 8-102, 8-107[4][a][1][a])....

Turning to defendants' First Amendment arguments, we find that providing the Pride Alliance with full and equal access to public accommodations does not intrude on Yeshiva's asserted right "to decide matters 'of faith and doctrine'" ... The record demonstrates that Yeshiva already recognizes LGBTQ+ student organizations at three of its graduate schools... and made clear as early as 1995 that this recognition did not mean Yeshiva endorsed or accepted the views of those student groups.... [W]e find that denial of recognition for the Pride Alliance is not "essential" to Yeshiva's "central mission"...

Similarly, we find no violation of Yeshiva's free exercise of religion. The City HRL's public accommodations provision is both neutral and generally applicable.... 

Finally, we reject the contention that recognizing the Pride Alliance as a student club violates Yeshiva's freedom of expression and association, as a "school does not endorse or support student speech that it merely permits on a nondiscriminatory basis".... Moreover, there is no violation of Yeshiva's associational rights where plaintiff Pride Alliance members are already enrolled students, Yeshiva already engaged in many discussions with the Pride Alliance about sexual orientation and gender identity issues, Yeshiva continued to express the desire to foster diversity and inclusion in association with Pride Alliance members when denying official recognition, and Yeshiva even explained several actions it was undertaking to bring about "greater awareness and acceptance" and "create a space where students, faculty and Roshei Yeshiva to continue this conversation" about sexual orientation and gender identity....

The Forward reports on the decision.

Thursday, December 08, 2022

Jewish Congregation Sues for Return of Deeds To 5000 Burial Plots

 An unusual suit was filed this week in a New York state trial court by a Bukharian Jewish religious organization which is seeking to recover nearly 5,000 burial plot deeds that the organization says belong to it. The complaint (full text) in Bukharian Jewish Community Center v. Nektalova, (NY County Sup. Ct., filed 12/6/2022) alleges that United Bukharian Congregation holds cemetery documents in trust for members of the Bukharian Jewish community in New York. One of its members, 92-year old Roman Nektalov, was in charge of providing the relevant deeds to cemeteries and families when funerals of members were being arranged.  During COVID, Nektalov took the deeds to his home so he could distribute them from there. A domestic dispute arose between Nektalov and his wife. His wife obtained a protective order which prevents Nektalov from accessing the deeds in his home. She later filed for divorce and refuses to turn the deeds over to the religious organizations, claiming that they are marital property. The Jewish organizations ask the court to hold that they are the rightful owners of the deeds, and to order them turned over to them or to a receiver. AMNY reports on the lawsuit. [Names in post corrected]

Saturday, December 03, 2022

Indiana Court Enjoins Abortion Restrictions as Violating State's RFRA

In Anonymous Plaintiff 1 v. Individual Members of the Medical Licensing Board of Indiana, (IN Super. Ct., Dec. 2, 2022), an Indiana state trial court preliminarily enjoined the state from enforcing Indiana's law restricting abortions against plaintiffs whose religious beliefs permit or require abortions in situations not allowed under Indiana law.  Plaintiffs were Jewish and Muslim, and one plaintiff of no specific denomination. The court, invoking Indiana's Religious Freedom Restoration Act, said in part:

26. This Court finds that the Plaintiffs practices regarding abortion are religious in nature: they have established that, under circumstances that would be prohibited by S.E.A. 1, their religious beliefs would compel them to have abortions....

43. The undisputed evidence establishes that the Plaintiffs do not share the State’s belief that life begins at fertilization or that abortion constitutes the intentional taking of a human life. To the contrary, they have different religious beliefs about when life begins, and they believe that under certain circumstances not permitted by S.E.A. 1, they would be required to receive abortions. Under the law, the Court finds these are sincere religious beliefs.

44. The State has not asserted a compelling interest in refusing to provide an exception to the Plaintiffs if the law were otherwise enforceable. Indiana has no interest in violating the sincere religious beliefs and exercise of the Plaintiffs....

49. The Plaintiffs argue that S.E.A. 1 is not narrowly tailored and is underinclusive, in that it provides exceptions for some abortions—though not religious exceptions—in circumstances that directly contravene the State’s purported interest. 

50. The State argues that abortion, regardless of gestational age of the zygote, embryo, or fetus, is the killing of an innocent human being, and its interest is in preventing that killing....

51. However, the statute explicitly allows abortions in circumstances that the State acknowledges constitute the “killing” of an “innocent human being”: for example, where the pregnancy is the result of rape or incest and where the fetus is viable but will not live beyond three months after birth.

A different state trial court has previously enjoined enforcement of the Act on state constitutional grounds. (See prior posting.)

Indianapolis Star reports on the decision. [Thanks to Daniel Conkle via Religionlaw for the lead.]

Thursday, November 17, 2022

Romania Passes Legislation Protecting Kosher Slaughter

Israel National News reports that on Tuesday the Parliament in Romania gave final passage to a law that explicitly allows kosher slaughter of animals. As explained by Jewish News Syndicate:

The move comes after some other European Union members have banned shechita in recent years, including Sweden, Denmark, Finland, Estonia, Slovenia, and Belgium (except for in Brussels).

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.

Wednesday, October 26, 2022

Brooklyn Yeshiva Will Pay Additional $5 Million In Penalties for Lunch Program Fraud

The U.S. Attorney's Office for the Eastern District of New York announced on Monday that Central United Talmudic Academy, a yeshiva in Brooklyn, has entered a three-year deferred prosecution agreement under which it has agreed to pay $5 million in penalties for conspiracy to commit wire fraud.  This is in addition to $3 million in restitution it has already paid. The Announcement describes "several overlapping frauds" to which CUTA has admitted, saying in part:

According to admissions in the statement of facts and other public documents, between 2014 and 2016, CUTA received more than $3.2 million in reimbursement for a meal program that purported to feed students of the yeshiva.  The program was almost entirely fictitious.  Rather than feed its children, the School diverted the funding, including to subsidize parties for adults. To commit the crime, the School fabricated records and made dozens of sworn misrepresentations to government agencies.

During the investigation into the fictitious meal program, the investigative team uncovered evidence of other fraudulent conduct by the School and its employees.  In addition to the program fraud noted above, this included various payroll practices that enabled the School’s employees to commit benefit and tax fraud....

By underrepresenting its employees’ income, CUTA enabled its employees to obtain various public benefits—including health care and childcare—that would not have been available if the employees honestly reported their income.

Officials of the school have previously pleaded guilty and been sentenced for fraud. The Announcement was also posted in Yiddish on the website of the U.S. Attorney's Office. Gothamist reports on the agreement.

Tuesday, October 25, 2022

Yeshiva University Creates New LGBTQ Student Group Amid Litigation

Yeshiva University, which is embroiled in litigation over whether it must recognize an LGBTQ student group, YU Pride Alliance, yesterday announced that it has approved a new club for undergraduate LGBTQ students "that presents an approved traditional Orthodox alternative to YU Pride Alliance." Known as Kol Yisrael Areivim Club, the new organization is described by the University:

This newly founded undergraduate student club, which emerges from Yeshiva’s principles and its students’ interest for a club under traditional Orthodox auspices, was approved by the Administration, in partnership with lay leadership, and endorsed by senior Roshei Yeshiva. It also reflects input and perspectives from conversations between Yeshiva’s rabbis, educators, and current and past undergraduate LGBTQ students. The club will provide students with space to grow in their personal journeys, navigating the formidable challenges that they face in living a fully committed, uncompromisingly authentic halachic life within Orthodox communities. Within this association students may gather, share their experiences, host events, and support one another while benefiting from the full resources of the Yeshiva community – all within the framework of Halacha – as all other student clubs.

The University said it also wants to strengthen its support systems for LGBTQ students. 

YU Pride Alliance issued a response to the University's announcement, calling it a "desperate stunt" by the University, saying in part:

The YU sham is not a club as it was not formed by students, is not led by students, and does not have members; rather it is a feeble attempt by YU to continue denying LGBTQ students equal treatment as full members of the YU community.

Both sides say the current litigation will continue. The Forward reports on these developments.

Thursday, October 20, 2022

European Commission Holding Conference on Halal and Kosher Slaughter

Jerusalem Post reports that today in Brussels, the European Commission, in partnership with the Council of Europe, the OSCE and the U.N. Commissioner for Equality, will hold a conference on "Freedom of religion with regard to religious slaughter." According to the European Commission:

The conference will bring together representatives of the European Union (EU) Member States and other national authorities, special envoys and coordinators on combating antisemitism and anti-Muslim hatred, representatives of national Jewish, Muslim and other religious communities, international organizations and independent experts.

Sunday, October 09, 2022

Suit Challenges Kentucky Abortion Bans As Violating Jewish Religious Beliefs

Suit was filed last Thursday in a Kentucky state trial court by three Jewish women who contend that Kentucky's strict abortion bans violate their religious freedom rights. The complaint (full text) in Sobel v. Cameron, (KY Cir. Ct., filed 10/6/2022), alleges that Kentucky law might be read to make it a capital offense to discard excess embryos created in the process of in vitro fertilization. The complaint alleges in part:

35. Under Jewish law, a fetus does not become a human being or child until birth. Under no circumstances has Jewish law defined a human being or child as the moment that a human spermatozoon fuses with a human ovum.

36. The question of when life begins for a human being is a religious and philosophical question without universal beliefs across different religions....

39. Plaintiff’s religious beliefs demand that they have more children through IVF, yet the law forces Plaintiffs to spend exorbitant fees to keep their embryos frozen indefinitely or face potential felony charges. This dilemma forces Plaintiffs to abandon their sincere religious beliefs of having more children by limiting access to IVF and substantially burdens their right to freely exercise these sincerely held religious belief....

51. Kentucky's contemporary Abortion Law is focused on preservation of ova and blastocysts on the basis of a religious understanding of fetal personhood.....

The complaint alleges that Kentucky abortion laws are void for vagueness and unintelligibility; violate the Kentucky Religious Freedom Restoration Act; and violate the Kentucky Constitution by giving preference to sectarian Christianity and diminishing Plaintiffs' privileges, rights, and capacities on account of their Jewish faith and beliefs. Los Angeles Times reports on the lawsuit.

City's Harassment Of Private Prayer Services In Rabbi's Home Violated 1st Amendment

In Congregation 3401 Prairie Bais Yeshaya D'Kerestir, Inc. v. City of Miami, (SD FL, Oct. 6, 2022), a Florida federal district court refused to dismiss claims that city officials' harassment of a rabbi's home that hosted daily minyans (prayer services) for invited guests violated the 1st Amendment.  Private groups worshiping in a person's home are permitted in residential areas under the city's zoning code. The court said in part:

Defendant, wielding the City Code "like a club" ... issued multiple erroneous citations against Plaintiff for zoning code violations...; sent City personnel to the Property a staggering 126 times...; installed a surveillance camera that monitors only the Property ...; conducted at least one warrantless search...; and otherwise singled Plaintiffs out for harassment.... These events have had "a chilling effect on Plaintiff[s'] First Amendment Rights."... . Defendant's conduct, at least as alleged, could certainly "chill a person of ordinary firmness from exercising his or her First Amendment rights."  [Quote updated.]