Attacking Yeshivas in Court Poses a Threat to Religious Liberty

Feb. 12 2019

Founded by graduates of ultra-Orthodox schools in the U.S., the organization YAFFED seeks to force these schools to provide a more comprehensive secular education. Its claims that many of these institutions’ curricula don’t meet the minimum requirements imposed by New York State law have led to increased scrutiny from the state’s department of education. But more important to the future of the yeshivas, and of religious liberty, is a court case recently brought by YAFFED that challenges the constitutionality of existing legislative carve-outs for religious schools. Michael A. Helfand comments;

So far, New York State has ruled to preserve the right to religious practice in areas ranging from schools to dietary laws. But that precedent is being slowly reversed in court cases and legal arguments that hinge on reinterpreting some of the Constitution’s foundational precepts and will have far-reaching consequences both for religious communities and for broader attitudes toward the freedoms to which they’re entitled. . . .

To get a flavor of the real-world impact of this argument, consider the following. Federal law currently requires all forms of animal slaughter to be “humane.” Under typical circumstances, that means before an animal is slaughtered, it has to be “rendered insensible to pain” by, for example, “gunshot or an electrical, chemical, or other means.” But on nearly all accounts, doing so would render the animal’s meat not kosher. Sensitive to this quandary, federal law also added the following: slaughter is humane if done “by slaughtering in accordance with the ritual requirements of the Jewish faith” as well as any other religion that adopts the Jewish rules for ritual slaughter.

Traditionally, legislatures have been able to modify laws so that they express the religious tolerance and pluralism that form the backbone of America’s value system. YAFFED, however, argues for the antithetical view that granting religious exemptions is not an admirable application of the Constitution’s religious-liberty principles but rather, evidence of privileging one religion over others and thus a violation of the First Amendment. . . .

There is an old legal adage: hard cases make bad law. Ultimately, the YAFFED lawsuit pits two core commitments against each other—the autonomy of religious families and communities to control the education of their children, and the responsibility of society to ensure that all its citizens have access to a meaningful education. Casting these values, like gladiators, into a constitutional death match raises the prospect that the devotion to protecting religious liberty, so essential to the American project, will suffer as collateral damage.

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Read more at Tablet

More about: American law, Jewish education, New York, Religious Freedom, Ultra-Orthodox, Yeshiva

Don’t Let Iran Go Nuclear

Sept. 29 2022

In an interview on Sunday, National Security Advisor Jake Sullivan stated that the Biden administration remains committed to nuclear negotiations with the Islamic Republic, even as it pursues its brutal crackdown on the protests that have swept the country. Robert Satloff argues not only that it is foolish to pursue the renewal of the 2015 nuclear deal, but also that the White House’s current approach is failing on its own terms:

[The] nuclear threat is much worse today than it was when President Biden took office. Oddly, Washington hasn’t really done much about it. On the diplomatic front, the administration has sweetened its offer to entice Iran into a new nuclear deal. While it quite rightly held firm on Iran’s demand to remove the Islamic Revolutionary Guard Corps from an official list of “foreign terrorist organizations,” Washington has given ground on many other items.

On the nuclear side of the agreement, the United States has purportedly agreed to allow Iran to keep, in storage, thousands of advanced centrifuges it has made contrary to the terms of the original deal. . . . And on economic matters, the new deal purportedly gives Iran immediate access to a certain amount of blocked assets, before it even exports most of its massive stockpile of enriched uranium for safekeeping in a third country. . . . Even with these added incentives, Iran is still holding out on an agreement. Indeed, according to the most recent reports, Tehran has actually hardened its position.

Regardless of the exact reason why, the menacing reality is that Iran’s nuclear program is galloping ahead—and the United States is doing very little about it. . . . The result has been a stunning passivity in U.S. policy toward the Iran nuclear issue.

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Read more at Washington Institute for Near East Policy

More about: Iran nuclear deal, Joseph Biden, U.S. Foreign policy