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Opinion

JFS case is not to do with racism or "Who Is A Jew"

October 24, 2009 20:15
2 min read

Contrary to what Rabbi Jonathan Sacks and others are currently quoted as saying on BBC Radio 4, the case against the JFS - now coming before the Supreme Court - does not imply that Judaism is racist, and nor is it anything to do with how Jewishness is defined.

We are perfectly free, as always, to define a person as Jewish on the basis that his or her mother is Jewish (circular as that logic may be). The case is about whether we can refuse people a school place on that basis.

The Supreme Court will be looking at the correctness or otherwise of the Appeal Court's ruling that as a school in the UK, JFS cannot admit pupils on the basis of their mother's race.

The Appeal judges’ conclusion makes clear that, in effect, you can believe what you like about who is a Jew but you can’t practise racial discrimination. (You can read the judgment for yourself at http://www.bailii.org/ew/cases/EWCA/Civ/2009/626.html)