R(E) v. Governing Body of JFS

[2009] UKSC 15 (2009)

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R(E) v. Governing Body of JFS

United Kingdom Supreme Court
[2009] UKSC 15 (2009)

Facts

E (plaintiff) wanted to send his 13-year-old son, M, to JFS (defendant), a Jewish comprehensive school in London. At the time, JFS had an admission policy favoring applicants who were Jewish as defined by the Office of the Chief Rabbi of the United Hebrew Congregation of the Commonwealth (OCR). The OCR defined Judaism in matrilineal terms, meaning the mother’s religious views determined whether the child was considered Jewish. M’s mother was born into a Roman Catholic, Italian family. While M’s mother did convert in a manner recognized by many Jewish sects, her conversion was not recognized as Jewish by the OCR. M was, therefore, not considered Jewish for the purposes of admission to JFS despite being raised in a Masorti synagogue. JFS informed E that M was unlikely to be admitted, because the school was oversubscribed and because he was not Jewish under the OCR definition. E sued JFS, arguing that the school’s admission policy constituted racial discrimination, thereby violating the Race Relations Act 1976. The England and Wales Court of Appeal found that JFS’s policy violated the Race Relations Act 1976, and JFS appealed to the United Kingdom Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Phillips, C.J.)

Concurrence (Hale, J.)

Dissent (Hope, J.)

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