'Madonna Could Now Apply For A Place At JFS'

By Erica Morris - Friday 3rd July 2009


The Board of Deputies cautioned yesterday that a Court of Appeal ruling last week, which would force JFS to accept pupils who aren't recognised as halachically Jewish by the United Synagogue, could affect other Jewish schools, while giving Madonna a "good claim" to apply for a place at the Kenton establishment.

In the latest challenge to the school's admissions policy, judges declared that it contravened the Race Relations Act in not admitting a child whose mother was not born Jewish and who had converted, but not under the auspices of an Orthodox beth din.

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As the US and JFS prepared to launch an appeal, the Board's chief executive Jon Benjamin said the new criteria "will affect both state aided and independent schools across the denominations".

He told the Jewish News: "The simple effect is to rule that neither the mother's Jewishness nor the father's (ie. the criteria used by Progressive Jews) is legitimate in determining entry. The only allowable test will be practice, and so children of a Jewish mother or father, or both, that are not practising will be at a disadvantage. Equally, someone with no Jewish lineage whatsoever could claim to be practising in order to apply for a place. Madonna would have a good claim!"

Referring to the appeal, he added: "If it does not succeed, schools will have to develop, with their religious authorities, means of testing levels of observance and practice. However, these will be difficult to measure, open to abuse and will disadvantage those who are not currently knowledgeable or observant."

He also noted that communal organisations with charitable status would not be affected, but warned that the ruling might impact upon other organisations such as Jewish summer camps.

Reassuring congregants that shul membership wouldn't be affected, the United Synagogue stated: "As a charity, the United Synagogue is able to rely upon the charities' exemption contained in the Race Relations Act.
"This exemption enables goods, facilities and services to be provided to persons of a specific class ie. Jews, providing that the class of beneficiaries is designated in the charity's governing instrument."

Brent Council, under whose authority JFS falls, said the school must now "amend its admissions policy following the court's ruling", adding the council will "work closely with the school to help it improve this criteria".
However, how the ruling may impact on other schools is still uncertain. Malcolm Gordon, chair of governors at Yavneh College in Borehamwood, told the Jewish News: "The governors and trustees have been in discussion and are considering the implications."

Rabbi Abraham Pinter, principal at Yesodey Hatorah Senior School in Hackney, said: "We are a Charedi school and very clearly based on religious practice, and this ruling shouldn't affect our school.

"But we offer our utmost support to JFS in appealing this decision, as they have the right to operate and educate their students as they see ethically fit."

That sentiment was echoed by the Union of Orthodox HebrewCongregations, which stated: "The Union supports the United Synagogue for reluctantly having to pursue the case through the Courts, and hopes that the House of Lords will overturn the ill-advised conclusions of the Appeal Court."

And lending his "full personal support and encouragement" for an appeal, the Chief Rabbi stated: "The principles underlying membership of the Jewish faith have been maintained consistently throughout Judaism's long history, as has our duty to educate our children in the principles and practice of the faith itself... These principles have nothing to do with race and everything to do with religion. Ethnicity is irrelevant to Jewish identity, according to Jewish Law."

However, not all branches of Anglo-Jewry were critical of the ruling. Writing in this week's Jewish News, Rabbi Danny Rich, Chief Executive of Liberal Judaism, said when it came to Jewish identity "sincerity, commitment and knowledge" should be prioritised over "historical prejudice, biological background or obscure verses in the Torah".

He added: "Perhaps it is not too late yet for the state funded JFS to redeem itself rather than involve its admissions criteria in the sometimes unedifying realm of communal politics."

The Board of Deputies, meanwhile, is due to hold a meeting for school heads and governors next Wednesday evening, 8 July, 7pm at the Board's offices. to brief schools on the ramifications of the court's judgment.

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