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Jewish School's Appeal Will Be One of the First In Britain's New Supreme Court

By Howard M. Friedman

In Britain beginning Oct. 1, a new Supreme Court will take over the appellate jurisdiction that has traditionally been exercised by the House of Lords. The change was authorized by the Constitutional Reform Act 2005. (Background.) One of the first case that will be heard by the new court is an appeal by London's Jewish Free School of a controversial decision striking down its admissions policy. In June, the Court of Appeal held that the school's admissions criterion that favors only children considered Jewish by the Office of the Chief Rabbi amounts to racial, rather than religious, discrimination. Faith schools receiving public funding are exempted from legal prohibitions on religious discrimination, but not racial discrimination. At issue is whether the school can use the traditional Orthodox Jewish definition of who is Jewish that requires either the individual be born of a Jewish mother, or else that the person has been converted in accordance with Orthodox Jewish law. (See prior posting.) The Jerusalem Post reports that the House of Lords on Monday agreed to allow an appeal by the school. [Thanks to Steven H. Sholk for the lead.]

Full post as published by Religion Clause on August 04, 2009 (boomark / email).