Tuesday, September 13, 2022
What Rights Do Hasidic Schools Have?
The recently published New York Times report on the educational practices of some of New York's Hasidic elementary and secondary schools, many of them run by Satmar Jewish groups, is prompting state and local officials to crack down on their alleged deficiencies. The response has sparked a furious reaction from many Jewish leaders.
Understanding this controversy forces us back to first principles.
No right is absolute, not even the free exercise of religion, because the government has fundamental interests that can override individual claims in some circumstances. Some of these interests concern the time, place and manner in which rights are exercised. For example, local governments have the authority to preserve public order by banning groups from conducting late-night religious revivals in residential areas.
In extreme cases, the government may prohibit forms of religious exercise outright. The Church of Jesus Christ of Latter-day Saints gave up polygamy in the 19th century under pressure from Washington, and obviously human sacrifice would never be tolerated.
In education, the courts have balanced the legitimate interests of the faithful and the broader society. U.S. courts have long held that state governments can require all children to attend school up to a certain age and prescribe the core subjects that all children—whether in public, private or parochial schools—are expected to study. These basic requirements may include a substantial amount of instruction in the English language. Schools may choose to add instruction above this baseline, but they must not fall below it. If they do, government may intervene to enforce compliance. By acting in this matter, government exercises its legitimate authority to educate its young to become good citizens and contributing members of society.
But religious freedom limits that authority. That was the issue posed in Wisconsin v. Yoder (1972). The state of Wisconsin required students to continue their education until age 16, contravening the Amish practice of ending education at 14 and having young people assume adult responsibilities in the community.
The Amish argued that their faith was more than inward belief; it is exercised through discharging the responsibilities of communal life. The state didn't challenge this claim but asserted that its responsibility to educate the young took priority.
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