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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Rarely has it mattered so little if Manchester United won; rarely has it been so special they did

Team's Europa League victory offers chance for sorely needed celebration of a city's spirit.

Carlo Ancelotti, the Bayern Munich manager, memorably once said that football is “the most important of the least important things”, but he was only partly right. While it is absolutely the case that a bunch of people chasing around a field is insignificant, a bunch of people chasing around a field is not really what football is about.

At a football match can you set aside the strictures that govern real life and freely scream, shout and cuddle strangers. Football tracks life with such unfailing omnipresence, garnishing the mundane with regular doses of drama and suspense; football is amazing, and even when it isn’t there’s always the possibility that it’s about to be.

Football bestows primal paroxysms of intense, transcendent ecstasy, shared both with people who mean everything and people who mean nothing. Football carves out time for people it's important to see and delivers people it becomes important to see. Football is a structure with folklore, mythology, language and symbols; being part of football is being part of something big, special, and eternal. Football is the best thing in the world when things go well, and still the best thing in the world when they don’t. There is nothing remotely like it. Nothing.

Football is about community and identity, friends and family; football is about expression and abandon, laughter and song; football is about love and pride. Football is about all the beauty in the world.

And the world is a beautiful place, even though it doesn’t always seem that way – now especially. But in the horror of terror we’ve seen amazing kindness, uplifting unity and awesome dignity which is the absolute point of everything.

In Stockholm last night, 50,000 or so people gathered for a football match, trying to find a way of celebrating all of these things. Around town before the game the atmosphere was not as boisterous as usual, but in the ground the old conviction gradually returned. The PA played Bob Marley’s Three Little Birds, an Ajax staple with lyrics not entirely appropriate: there is plenty about which to worry, and for some every little thing is never going to be alright.

But somehow the sentiment felt right and the Mancunian contingent joined in with gusto, following it up with “We’ll never die,” – a song of defiance born from the ashes of the Munich air disaster and generally aired at the end of games, often when defeat is imminent. Last night it was needed from the outset, though this time its final line – “we’ll keep the red flag flying high, coz Man United will never die" – was not about a football team but a city, a spirit, and a way of life. 

Over the course of the night, every burst of song and even the minute's silence chorused with that theme: “Manchester, Manchester, Manchester”; “Manchester la la la”; “Oh Manchester is wonderful”. Sparse and simple words, layered and complex meanings.

The match itself was a curious affair. Rarely has it mattered so little whether or not United won; rarely has it been so special that they did. Manchester United do not represent or appeal to everyone in Manchester but they epitomise a similar brilliance to Manchester, brilliance which they take to the world. Brilliance like youthfulness, toughness, swagger and zest; brilliance which has been to the fore these last three days, despite it all.

Last night they drew upon their most prosaic aspects, outfighting and outrunning a willing but callow opponent to win the only trophy to have eluded them. They did not make things better, but they did bring happiness and positivity at a time when happiness and positivity needed to be brought; football is not “the most important of the least important things,” it is the least important of the most important things.

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