Attacking Yeshivas in Court Poses a Threat to Religious Liberty

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.

Read more at Tablet

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

 

Ordinary Gazans Are Turning against Hamas—and Its Western Sympathizers

In the past few days, difficult-to-confirm reports have emerged of unrest in the Gaza Strip, and of civilians throwing stones at Hamas operatives. A recent video from Al Jazeera showed a Gazan declaring that “God will bring Qatar and Turkey to account” for the suffering of Palestinians in the current war. Being an agent of the Qatari government, the journalist turned away, and then pushed the interviewee with his hand to prevent him from getting near the microphone. Yet this brief exchange contributes much to the ongoing debate about Palestinian support for Hamas, and belies the frequent assertion by experts that the Israeli campaign is only “further radicalizing” the population.

For some time, Joseph Braude has worked with a number of journalists and researchers to interview ordinary Gazans under circumstances where they don’t fear reprisals. He notes that the sorts of opinions they share are rarely heard in Western media, let alone on Al Jazeera or Iran-sponsored outlets:

[A] resident of Khan Younis describes how locals in a bakery spontaneously attacked a Hamas member who had come to buy bread. The incident, hardly imaginable before the present war, reflects a widespread feeling of “disgust,” he says, after Gazan aspirations for “a dignified life and to live in peace” were set back by the Hamas atrocities of October 7.

Fears have grown that this misery will needlessly be prolonged by Westerners who strive, in effect, to perpetuate Hamas rule, according to one Gazan woman. Addressing protesters who have taken to the streets to demand a ceasefire on behalf of Palestinians, she calls on them to make a choice: “Either support the Palestinian people or the Hamas regime that oppresses them.” If protesters harbor a humanitarian motive, she asks, “Why don’t we see them demonstrating against Hamas?”

“Hamas is the destruction of the Palestinian people. We’ve had enough. They need to be wiped out—because if they remain, the people will be wiped out.”

You can watch videos of some of the interviews by clicking the link below.

Read more at Free Press

More about: Gaza War 2023, Hamas, Palestinian public opinion