Is Judaism a race or a religion?

Now the courts begin to decide

On the face of it, yesterday's verdict by the UK Supreme Court that JFS (formerly the Jewish Free School) in north London was guilty of illegal discrimination in refusing entry to pupils whose mothers it did not consider to be "properly" Jewish seems a good one. As I wrote before about this case, the decision hinged on whether the Chief Rabbi's office recognised a potential pupil's mother as Jewish -- which means, specifically, Orthodox Jewish. Doesn't it seem immediately fair that those whose mothers are Reform, Liberal or Progressive Jews should be able to go to this very well-regarded institution as well?

Those who dislike the idea of faith schools altogether have also taken cheer from this ruling, on the grounds that they find any kind of religious entrance criteria to be odious and discriminatory. But we do now find ourselves in the curious situation that Muslim and Catholic schools might have a greater ability to determine eligibility than JFS does in future. No one expects Catholic schools, for instance, to give equal priority to the children of churchgoing Anglicans. But this decision certainly seems to force JFS -- an Orthodox school -- to be more open to other branches of Judaism.

A further complication is that the case was fought on the basis of ethnic, not religious, discrimination (which is why I don't take seriously Ed Balls's suggestion that this ruling may threaten the admissions criteria of all faith schools, which is how the Telegraph and the Mail rather alarmistly chose to report the news of the decision). JFS, it is said, excluded children it did not consider ethnically Jewish, because, according to Halachic law, that status belongs only to those with Orthodox Jewish mothers.

As the New York Times put it, in its much less hysterical report:

"One thing is clear about the matrilineal test; it is a test of ethnic origin," Lord Phillips, president of the court, said in his majority opinion. Under the law, he said, "By definition, discrimination that is based upon that test is discrimination on racial grounds."

The Catholic Education Service has already hit back at the ruling, saying:

What constitutes membership of a faith group or a religious denomination should be a matter for that faith or denomination to determine. That any other authority should deem to do this in place of the faith group, or for a body outside the faith group to claim that its decision as to what constitutes membership has priority, is a sad and undermining state of affairs.

But it also adds: "It is important, whilst noting our sympathy for our Jewish brothers and sisters, to remind that the judgment should not impact on Catholic schools. This is because the definition of being Catholic is clearly based on baptism and not on any ethnic or other factors."

Note those last few words, "ethnic or other factors". The argument that Jews constitute an ethnic group under the Race Relations Act 1976 and the Public Order Act 1986 was an important factor in a trial in Leeds this year, in which two men were convicted of inciting racial hatred against Jews. (I should add that while the anti-Semitic nature of the material they published is not in question, they are appealing the convictions on other grounds.)

An expert witness called to make that case, Professor Dan Cohn-Sherbok, is a liberal-minded man, a distinguished academic and a Reform rabbi. It is not in his nature to want to discriminate against anybody, still less to act in any way contrary to the preservation and good health of the Jewish community. Nonetheless, it seems to me that if a body of case law builds up, suggesting that Jewishness should be considered a matter of ethnicity, there might come to be a problem with having any Jewish schools at all.

The New York Times also quoted David Lightman, a JFS old boy whose family has been affected by the school's admissions policy. " 'God can work it out,' Lightman said. 'He's a big boy; he's been around for a long time. He can decide who's Jewish and who isn't.' " Much as one might wish to agree with him, the Supreme Court ruling means that it is no longer just up to God or the Chief Rabbi. The law is now having its say in this question, too -- and that is something everyone involved, ultimately, may rue.

Sholto Byrnes is a Contributing Editor to the New Statesman
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Anorexia, breast binding and the legitimisation of body hatred

Forcing people to live in a body where they do not feel at home causes intense, often unbearable suffering.

In 1987 I underwent the first of three hospitalisations for anorexia. I was force-fed via a nasogastric tube. This led me to gain a significant amount of weight, which I hated. Furthermore, it made my overall psychological state not better, but worse.

Upon discharge I lost the weight again and in the years that followed I tried to play a game of keeping myself just thin enough to manage my anxiety, not so thin as to be coerced into further treatment. I was not always successful. I used to fantasise about the peace I would experience if only people were to leave me alone. The expectations they had for my life, my body, were not my own.

Decades later I have not come round to other people’s point of view. I still think force-feeding was violent, traumatising, if not downright abusive. I still reject the idea that one might somehow, by sheer force of will, learn to accept a body in which one does not feel at home. The portrayal of anorexia as some invading enemy, or a sly, toxic friend, is one I find wholly ridiculous. There was no battle between the “real” me and a manipulative, alien “Ana”. Every thought I thought, every feeling I felt, was mine.

Should this sound like the start of The Pro-Ana Manifesto, I would like to stress that anorexia robbed me of a great deal. It almost killed me. Perhaps, if I had been “left in peace”, I would not be around to write this today. Yet there was no simple cure, no demon to kill. There was, in the end, no Ana, no skinny mean-girl shadow stalking me, whispering in my ear. There was only me. There was only ever me and a world for which I desperately wanted – and still want – to be the right shape.

In Hunger Strike, Susie Orbach describes how recovery from anorexia is seen by many as having been achieved “when the normal weight is reached and appropriate sex role functioning is achieved”. It is not just a matter of “being healthy” or “looking normal”; gaining body fat means, for a woman, gaining hips and breasts and having to contend with the gendered expectations that accompany this. A female with hips and breasts has a job to do, a role to perform, both sexually and reproductively. I did not want this role. It was easier to change my body than to ask the world to accommodate my humanity.

There is a way in which I understand force-feeding and coercive eating disorder management as a form of conversion therapy, an attempt to impose gender conformity on an unwilling subject. The problem is not the anorexia sufferer’s refusal to eat; she is absolutely correct in assuming that by gaining weight, she will be expected to give up something very personal and meaningful to her. “I have gained weight, but lost myself,” writes Nancy Tucker of her own recovery. “How can I explain that inside I remain an anorexic, but trapped in a fat suit?” How can one be seen as human being while looking like a woman? The anorexic must struggle with this conundrum, at least if she wants to live, but it cannot be hers alone to solve.

I first became ill in 1987, aged 11. I’d been an early developer, already wearing a bra at primary school. I did not want to be that person, the fat girl, the slag, the one who got her breasts groped, her bra snapped, pushed into corners, the one who ended up playing that role anyhow, because it’s less shameful to be a slut in a slut’s body than it is to be a blushing eleven-year-old prude with tits. I tried it for a while, a good eight months, then I gave up and stopped eating. Such a pattern is not uncommon. Eating disorders are more prevalent in those of us who experience an early onset of puberty. I knew, absolutely and without question, that the body I had acquired was not the one I was supposed to have. I wanted to be one of the skinny, straight girls, the ones whose bodies were indistinguishable from those of the boys. Better still, I wanted to be a boy, to never have to gain hips and breasts, or to bleed, again.

Had I been born thirty years later, starvation may not have felt like my only option. By which I do not mean that the situation for pubescent girls has improved. My groping male classmates interpreted female bodies through the lens of Playboy and page three; the harder, faster, crueller world of online porn was yet to come. I mean I could have said I was not a girl. I did not feel like a girl. I was not a girl, not that girl, not that bleeding, stinking body I had become. It would not have been a lie. If I were going through what I went through thirty years ago today, perhaps I would not have needed to flee puberty all alone. I could have asked for help. Instead of having to face down my force-feeding adversaries, I could have found adults willing to support me in my efforts to sculpt a body more in keeping with my sense of self.

For instance, recent advice given to UK schools on how to accommodate the needs of transgender children includes information on chest-binding. According to Cornwall Council, binding can be “hot, uncomfortable and restrictive – but very important to [pupils’] psychological wellbeing”. Teachers are nonetheless told to remain aware of the risk of “breathing difficulties, skeletal problems and fainting”. Lancashire County Council offers the following advice:

“If you have young people who bind their chests, monitor them carefully during physical activities and in hot weather. It may be necessary to subtly offer more breaks.”

I’m perfectly aware that one is not supposed to question guidance of this nature. But I think, just for one moment, we should be honest about what we are witnessing. Young people who hate their breasts, absolutely loathe them, would be willing to take a knife to them and slice them off, would be practically suicidal if someone told them that these breasts were with them for life. Young people who know without doubt that their inner selves, their very identities, are wholly incompatible with the ownership of breasts. Young people who, in other words, feel exactly as I did. And instead of challenging this self-hatred – instead of acknowledging the pain (which no one did for me), but also recognising that it is not caused by the body itself – grown adults are accepting this narrative without question. Because it’s easiest. Because yes, a child still suffers, but the ends (not looking female) are deemed to justify the means (physical pain and possible long-term damage).

Pink News recently described the drawing of comparisons between anorexia and certain narratives of transgender experience as “insulting”. It was not made clear who was being insulted, but I’m guessing it was not anorexia sufferers; after all, they’re the mentally ill ones. While I have no desire to get into a long discussion on the arbitrary nature of definitions of sanity, I think it is perfectly possible to acknowledge the cultural, political and gendered meanings of anorexia without going all-out pro-ana and suggesting it is not an illness at all. It is an illness that operates within particular social settings, in response to and interacting with particular cultural influences. “The world gets harder and harder,” writes Hilary Mantel on self-imposed starvation. “There’s no pleasing it. No wonder some girls want out.”  

The female-to-trans narrative offers a different way of framing the same impossible dilemma. We know that there are countless individuals who have always had this sense of not-belonging. It is now being suggested that contemporary trans politics is granting them to access the language and treatments they have needed all along. But another way of putting it might be that a vocabulary and treatment protocol have been created precisely in order to accommodate rather than challenge the relationship between gender and hatred of one’s own sexed body. What we are seeing remains a symptom, not a cure.

In The Argonauts, Maggie Nelson describes her partner Harry’s experiences of binding:

“Your inability to live in your skin was reaching its peak, your neck and back pulsing with pain all day, all night, from your torso (and hence, your lungs) having been constricted for almost thirty years. You tried to stay wrapped even while sleeping, but by morning the floor was always littered with doctored sports bras, strips of dirty fabric – “smashers” you called them.”

I can easily see myself, aged 14 or 15, reading words like this over and over again, every bit as reverently as I used to read every anorexia memoir I could get my hands on, absorbing every word, feeling ashamed of not being as hardcore, of not having proven myself yet. You still have breasts. You’re not bleeding. Do better. Do more. This is not to question the genuine pain that is being depicted here. At one point Nelson reports her partner’s response to her own lack of comprehension:

“Don’t you get it? you yelled back. I will never feel as free as you do, I will never feel as at home in the world. I will never feel as at home in my own skin. That’s just the way it is, and always will be.”

I don’t know a single long-term anorexia sufferer who has not expressed similar sentiments. And there is no simple response, because it is, in all likelihood, the truth. It is heartbreaking, a tragedy. We can acknowledge the validity of an individual’s suffering without losing sight of the fundamental injustice of it.

It would be wonderful if there were a simple answer to all this. Every day young women are encouraged – berated, almost – to accept their bodies, love their curves, not give a fuck about what men think. It doesn’t work. If it were that easy – if feminism were self-help, little mantras you repeat in your head, one long, extended Dove advert – we’d all be laughing. It’s not. Body positivity messages do not help, even those that do not come with advice on how to get “beautiful underarms” or “age-positive skin”. To really, truly get to the heart of what is wrong with female flesh, why it feels so hateful and alien to so many of us, we need to relate our alienation to the uses and abuses to which this flesh is put. And even then we need to accept that doing so will not necessarily save us as individuals. But the idea that sexed bodies do not match identities due to some innate mismatch – as opposed to the deeply political meanings inscribed upon them – is not just absurd, it is harmful. It leads us to focus only on our bodies and it short-circuits efforts towards long-term political change.

We are reaching a point where even questioning body-hatred is seen as a cruel denial of an individual’s inner self.  I have even seen articles including statements such as “personally, I would feel more empowered in my body […] if I heard that hating your boobs is OK”. How is one supposed to respond to that? ”Well, then, hate away?” Then there is the assumption that women who “consent” to be women – who choose not to bind or change their pronouns – must be so insensitive, so dumb, so politically unengaged as to be pacified by a quick “love your curves” slogan. The truth is that very few female people can accept their bodies as long as ownership of a female body – failure to starve it away, or crush it, or have it surgically corrected – is taken as implicit consent to be treated as a member of the inferior class.

I am not saying “burn your binders”. Forcing people to live in a body where they do not feel at home causes intense, often unbearable suffering. There is no quick fix, perhaps not even a lifetime one. But we need to think hard and keep asking questions, even if these contradict other people’s interpretations of what is possible for them.

We need to accept that an individual’s experience of themselves and their body is an interaction with the world around them. We need to do what we can to create comfort and hope. For women, there is a cost to growing and a cost to staying small. There is pain either way. But please can we keep open the option that it doesn’t have to be like this for all of us, forever? No matter how much it hurts we must at least believe that.  

Glosswitch is a feminist mother of three who works in publishing.