Leading article: Religion, not race, is the key

Share
Related Topics

The Supreme Court's ruling that a Jewish school was guilty of racial discrimination for refusing to admit a child whose mother was not regarded as Jewish can be seen in a narrow and a broader context. It is welcome in both.

In the narrow context, the ruling effectively distinguishes between religious and ethnic criteria for admission to faith schools. This means that where a school is oversubscribed, it may not use race as a deciding factor. Faith schools are faith schools; they may not select the intake according to ethnicity.

This could be seen as presenting a particular problem for Jewish schools, because religion and ethnicity are so closely bound together as to be almost synonymous. The child in this test case had a Jewish father and was brought up in Judaism. But his mother was a convert and not considered Jewish according to criteria set by the Chief Rabbi. The distinction drawn by the Supreme Court means that where, as in this case, there might be a contradiction between faith and ethnicity, religion must be the decisive factor for admission to a faith school.

The judgment might be seen, and perhaps will be in some quarters, as a secular authority challenging the Chief Rabbi on what constitutes Jewishness. It should not be seen in this way. This is a ruling that applies to a particular, and quite unusual, circumstance. The court is not contesting the authority of the Chief Rabbi in matters of Jewishness, it is establishing what may and may not be grounds for selecting pupils to attend a faith school.

Even if the narrow aspect of the ruling probably has limited ramifications – similar contradictions are unlikely to arise with Church of England, Catholic or Muslim schools – the broader context is still important. Although reached by the slenderest of majorities, this judgment means that no school, faith school or any other, is above the law of the land. For the court to have upheld this school's admissions policy could have been seen as permitting race to be used as a qualification for school admission, and so the thin end of a dangerous wedge. This was a complex case, but one where a different ruling could have conveyed a highly undesirable message.

React Now

Latest stories from i100
iJobs Job Widget
iJobs General

C# Developer (C#, ASP.NET Developer, SQL, MVC, WPF, Real-Time F

£40000 - £48000 per annum + benefits+bonus+package: Harrington Starr: C# Devel...

C# Swift Payment Developer (C#, ASP.NET, .NET, MVC, Authorize.N

£45000 - £60000 per annum + benefits+bonus+package: Harrington Starr: C# Swift...

Front-End Developer (JavaScript, HTML5, CSS3, C#, GUI)

£55000 - £70000 per annum + Benefits + Bonus: Harrington Starr: Front-End Deve...

Graduate C# Developer (.NET, WPF, SQL, Agile, C++) - London

£30000 - £40000 per annum + Benefits + Bonus: Harrington Starr: Graduate C# De...

Day In a Page

Read Next
Would you fork out to spend time on Sting's Tuscan estate?  

Happy to pay for the privilege of picking olives? Then Sting might have a job for you...

John Walsh
Clockwise from top: Zafran Ramzan, Razwan Razaq (main picture), Adil Hussain, Umar Razaq and Mohsin Khan were sentenced for grooming teenage girls for sex in 2010.  

Nothing can make up for the trauma of Rotherham's abused young girls, but many more heads must roll

Jane Merrick
Israel-Gaza conflict: No victory for Israel despite weeks of death and devastation

Robert Fisk: No victory for Israel despite weeks of devastation

Palestinians have won: they are still in Gaza, and Hamas is still there
Mary Beard writes character reference for Twitter troll who called her a 'slut'

Unlikely friends: Mary Beard and the troll who called her a ‘filthy old slut’

The Cambridge University classicist even wrote the student a character reference
America’s new apartheid: Prosperous white districts are choosing to break away from black cities and go it alone

America’s new apartheid

Prosperous white districts are choosing to break away from black cities and go it alone
Amazon is buying Twitch for £600m - but why do people want to watch others playing Xbox?

What is the appeal of Twitch?

Amazon is buying the video-game-themed online streaming site for £600m - but why do people want to watch others playing Xbox?
Tip-tapping typewriters, ripe pongs and slides in the office: Bosses are inventing surprising ways of making us work harder

How bosses are making us work harder

As it is revealed that one newspaper office pumps out the sound of typewriters to increase productivity, Gillian Orr explores the other devices designed to motivate staff
Manufacturers are struggling to keep up with the resurgence in vinyl records

Hard pressed: Resurgence in vinyl records

As the resurgence in vinyl records continues, manufacturers and their outdated machinery are struggling to keep up with the demand
Tony Jordan: 'I turned down the chance to research Charles Dickens for a TV series nine times ... then I found a kindred spirit'

A tale of two writers

Offered the chance to research Charles Dickens for a TV series, Tony Jordan turned it down. Nine times. The man behind EastEnders and Life on Mars didn’t feel right for the job. Finally, he gave in - and found an unexpected kindred spirit
Could a later start to the school day be the most useful educational reform of all?

Should pupils get a lie in?

Doctors want a later start to the school day so that pupils can sleep later. Not because teenagers are lazy, explains Simon Usborne - it's all down to their circadian rhythms
Prepare for Jewish jokes – as Jewish comedians get their own festival

Prepare for Jewish jokes...

... as Jewish comedians get their own festival
SJ Watson: 'I still can't quite believe that Before I Go to Sleep started in my head'

A dream come true for SJ Watson

Watson was working part time in the NHS when his debut novel, Before I Go to Sleep, became a bestseller. Now it's a Hollywood movie, too. Here he recalls the whirlwind journey from children’s ward to A-list film set
10 best cycling bags for commuters

10 best cycling bags for commuters

Gear up for next week’s National Cycle to Work day with one of these practical backpacks and messenger bags
Paul Scholes: Three at the back isn’t working yet but given time I’m hopeful Louis van Gaal can rebuild Manchester United

Paul Scholes column

Three at the back isn’t working yet but given time I’m hopeful Louis van Gaal can rebuild Manchester United
Kate Bush, Hammersmith Apollo music review: A preamble, then a coup de théâtre - and suddenly the long wait felt worth it

Kate Bush shows a voice untroubled by time

A preamble, then a coup de théâtre - and suddenly the long wait felt worth it
Robot sheepdog technology could be used to save people from burning buildings

The science of herding is cracked

Mathematical model would allow robots to be programmed to control crowds and save people from burning buildings
Tyrant: Is the world ready for a Middle Eastern 'Dallas'?

This tyrant doesn’t rule

It’s billed as a Middle Eastern ‘Dallas’, so why does Fox’s new drama have a white British star?