For the past few years, the New York State government has been in an ongoing dispute with hasidic yeshivas, which it is trying to force to spend more time teaching secular subjects. Real as the problems of inadequate secular education are at some of these schools, the state’s attempt to impose its will has been heavy-handed and even punitive. The New York Court of Appeals is now about to hear the ensuing lawsuit. The editors of the New York Sun comment:
The yeshivas, in their appeal, . . . say New York has exceeded its authority by using the new regulation to force “the closure of private schools” by way of “requiring all of their students to unenroll from the school chosen by their parents.”
The Empire State litigation, along with the federal complaint, arises at a time when the Supreme Court, especially since Chief Justice Roberts, acceded to the bench, has been expanding religious liberties. . . . The Sun’s view is that precedent supports the yeshivas. From the outset of this dispute, these columns saw the scrutiny on the schools as “a campaign intended to regulate the religious free exercise of the hasidic yeshivas and establish that the state education mandates outrank America’s Bill of Rights.”
The schools, . . . in their federal complaint, [note] how Orthodox and hasidic Jews have long resisted the “requirements of contemporary society exerting a hydraulic insistence on conformity to majoritarian standards.” That is the kind of liberty that the Framers meant to protect in the First Amendment by barring Congress from “prohibiting the free exercise” of religion.
More about: American Jewry, Freedom of Religion, Hasidim, Jewish education