Courts Have No Business Determining the “True” Requirements of Any Religion

June 13 2018

Writing for the majority in the Supreme Court’s ruling on the case of the Christian baker who refused to bake a cake for a same-sex wedding, Justice Anthony Kennedy noted that “it hardly requires restating that government has no role in deciding or even suggesting whether the religious ground for [a] conscience-based objection is legitimate or illegitimate.” Howard Slugh believes this point very much worth stating, and argues that it has particularly important consequences for Jews:

Governmental entities have a nasty habit of refusing to protect religious practices that are, in their view, religiously mistaken or illegitimate. . . . On June 5, one day after the Supreme Court decided Masterpiece, a district-court judge handed down a decision in Estes v. Clark. In that case, a Jewish prisoner named Bruce Estes sued his prison for refusing to provide kosher food as well as a ram’s horn for use in traditional holiday services.

The prison argued that Estes could not claim it had deprived him of religious liberty because the prison food was kosher enough to meet his religious needs. . . . [B]ased on its understanding of Judaism, the food was kosher. The prison even hired a rabbi to testify that Estes misunderstood his faith. Estes hired his own rabbi to testify that the prison was not, in fact, properly preparing kosher food.

It should be immediately obvious that this sort of religious debate has no place in an American court. Judges are not qualified to determine which rabbi speaks for the only “True Judaism,” if such a thing even exists. And, even more important, the law would protect Estes’s right to religious liberty even if his personal faith differed from normative Judaism. Every American has a right to live in accordance with his conscience, regardless of whether he follows an orthodox faith. Fortunately, the court saw through the prison’s nonsense. It decided that, for the purposes of Estes’s religious-liberty claim, the relevant question was whether eating the prison food would violate his own sincere religious beliefs. The court recognized that it had no business attempting to discover and apply the “true” Jewish law. Rather, it had to accept the validity of Estes’s sincere religious beliefs. . . .

Unfortunately, these cases do not always go as well as the Estes case has gone so far. . . . Minority religions, such as Judaism, are the most vulnerable to mistreatment by judges inclined to play religious inquisitor. Judges, most of whom are likely unfamiliar with Jewish practices, are more likely to misunderstand or discount the importance of those practices relative to more common religious rituals. . . . Jews observe laws that may strike non-Jews as obscure, from refusing to wear a mixture of wool and linen to only eating wheat harvested at certain times of the year. Jewish Americans’ religious liberty should not depend on a judge’s ad-hoc determinations regarding the validity of such practices.

Read more at National Review

More about: American law, Freedom of Religion, Gay marriage, Religion & Holidays, U.S. Constitution

 

Israel’s Covert War on Iran’s Nuclear Program Is Impressive. But Is It Successful?

Sept. 26 2023

The Mossad’s heist of a vast Iranian nuclear archive in 2018 provided abundant evidence that Tehran was not adhering to its commitments; it also provided an enormous amount of actionable intelligence. Two years later, Israel responded to international inspectors’ condemnation of the Islamic Republic’s violations by using this intelligence to launch a spectacular campaign of sabotage—a campaign that is the subject of Target Tehran, by Yonah Jeremy Bob and Ilan Evyatar. David Adesnik writes:

The question that remains open at the conclusion of Target Tehran is whether the Mossad’s tactical wizardry adds up to strategic success in the shadow war with Iran. The authors give a very respectful hearing to skeptics—such as the former Mossad director Tamir Pardo—who believe the country should have embraced the 2015 nuclear deal with Iran. Bob and Evyatar reject that position, arguing that covert action has proven itself the best way to slow down the nuclear program. They acknowledge, however, that the clerical regime remains fully determined to reach the nuclear threshold. “The Mossad’s secret war, in other words, is not over. Indeed, it may never end,” they write.

Which brings us back to Joe Biden. The clerical regime was headed over a financial cliff when Biden took office, thanks to the reimposition of sanctions after Washington withdrew from the nuclear deal. The billions flowing into Iran on Biden’s watch have made it that much easier for the regime to rebuild whatever Mossad destroys in addition to weathering nationwide protests on behalf of women, life, and freedom. Until Washington and Jerusalem get on the same page—and stay there—Tehran’s nuclear ambitions will remain an affordable luxury for a dictatorship at war with its citizens.

Read more at Dispatch

More about: Iran nuclear program, Israeli Security, Joseph Biden, Mossad, U.S. Foreign policy