July 25, 2023

A rally was held on the morning of July 21 before the first hearing on the Orthodox Jewish families and Jewish day schools’ lawsuit against the California state government, alleging that the state government is unconstitutionally barring federal funding for special needs services from Jewish day schools.

Under the federal Individuals with Disabilities Education Act (IDEA), public schools are required to provide funding for special needs students. But some public schools don’t have the infrastructure for that, in which case they make a referral to private schools that do. The families of special needs students then receive federal funding to attend those private schools. But the California state government has barred such funding from going to religious private schools, the issue at the heart of the current lawsuit, Loffman v. California Department of Education. The plaintiffs are Chaya and Yoni Loffman, Fedora Nick and Morris Taxon, and Sarah and Ariel Perets––all of whom are parents of special needs children––and Los Angeles Jewish day schools Shalhevet and Yavneh Hebrew Academy.

Around 200 people attended the rally, which was held at the Gloria Molina Grand Park lawn across from City Hall and featured various speakers decrying the actions of the California state government. Teach Coalition Founder Maury Litwack kicked off the rally by highlighting the “unimaginable situation” of the parents who are filing the lawsuit. “Their desire is a simple one: to send their children with special needs to a school, yeshiva, that will give them the tools necessary to flourish, but also with an education set in a Jewish environment,” Litwack said. “But despite that simple need … the state of California has refused them help because the state of California and their elected officials have decided that these children, and thousands like them, are not eligible for special education funding simply because their parents value a religious education.”

Litwack lambasted the California policy as being “outrageous” and “unfair.” “The courts and places like the Supreme Court have already declared that religious schools and their parents cannot be discriminated in this manner,” Litwack said. “It’s unconstitutional … what California’s doing stands against this. All children with disabilities regardless of their religious beliefs should have the same opportunity to receive a quality education that meets their unique needs. And a parent should never, never have to compromise on how or where their child’s educated. So today, here, all together, we’re gonna change that.”

The first parent in the lawsuit to speak was Chaya Loffman, a mother of two. “Like every parent, I want to raise my children with all the care and support that they need to thrive,” Loffman said. “Unfortunately, California is making it harder for me to provide that to my child with disabilities simply because of our faith. Politicians in this state are using religion as an excuse to deny my son and countless other children a safe and supported learning environment that meets all their needs. No parent should have to choose between raising their child in faith and providing their child with the tools that they need to reach their full potential.” She prayed for the court “to allow my son to receive the supportive, religious, and education environment that he needs to flourish.”

The other parent in the lawsuit to speak was Fedora Nick. Her two oldest sons were able to receive a Jewish education, but her youngest was not due to being diagnosed with autism. “In California, our elected representatives refuse to help children with disabilities attend schools that reflect their religious backgrounds,” she said. “Because the state bars religious schools from its program providing support services to children with disabilities, my husband and I have been unable to send our son to a school where he can reach his full potential, educational and spiritual.”

One of Nick’s sons, Asher Taxon, proceeded to tell attendees he is “saddened” that his younger brother, who has autism, has been denied the same education that Taxon received at Jewish schools. “Kids like him have to overcome obstacles and challenges to have their unique needs met in the classroom and our state politicians are making that even harder,” Taxon said. “Instead of putting more barriers in front of these kids with disabilities, California should be doing everything it can to ensure that safe, supportive and compassionate learning environments are available to all.”

Miriam Marks, who is a parent of a special needs child but is not one of the plaintiffs, told rally attendees: “When you are the parent of a special needs child, every day is a battle. A fight for something your child needs. Every day brings something new, something you could not have anticipated or planned for.” She explained that her son, Yonatan, has received new opportunities thanks to various therapies and treatments. “Today, I stand in front of you with a deep understanding of the importance of what the right special needs support can do for a child,” Marks said. “And even more so, what having that support and access––wherever a parent feels is best for their child, especially in their school of choice––could mean. An opportunity we wish we could have had with Yonatan.”

Other speakers were from Jewish day schools. Rabbi Yoel Burstyn, principal of Bais Yaakov Los Angeles, recounted how Martin Luther King Jr. decided “to try the impossible and accomplished the incredible.” “He fought discrimination. He fought segregation. People didn’t believe he would be able to accomplish what he accomplished,” Burstyn said. “But he wouldn’t relent and he succeeded. We here today are doing the exact same thing: we are fighting discrimination. We taxpayers––who pay our taxes––all we’re asking for is give us back our money. We pay our taxes, and we deserve to get the services that we paid for.” Burstyn proceeded to give a message to state politicians. “We don’t want to take you to court. We don’t want to fight you to court. We should be on the same side,” he said. “We’re all fighting for these children who can’t stand up for themselves. Open your hearts and open your mind and understand, we need you and you can do it.” Burstyn later added: “You believe in people’s right to choose. Where is our right to choose if we can’t get what’s rightfully ours?”

Yavneh Academy Dean Rabbi Shlomo Einhorn also spoke at the rally, expressing Yavenh’s desire “to provide every child that comes to our school an Orthodox education that allows and enables them to flourish. According to California, however, we should not be able to help students with disabilities.” He lamented that “shining a lot” on the issue wasn’t enough for the state government to change course. “For the congresspeople in Sacramento, it’s politics before children,” Einhorn said. “I hope and I pray that the court will right this injustice and allow all students to flourish at Yavneh and other private religious institutions across the state.”

Video courtesy of The Becket Fund for Religious Liberty

After the rally concluded, some headed over to the courthouse for the case’s oral arguments, with the state arguing to dismiss the case and the plaintiffs arguing for a preliminary injunction. Nick Reaves, one of the attorneys from The Becket Fund for Religious Liberty that is representing the plaintiffs, told the Journal that he thought “the hearing went well.” “The court was asking both sides some challenging questions, but I think we explained to her that this was a really important issue. I think one way we did that was by having the whole community show up.” Reaves pointed to the rally as well as the fact that 40 or 50 families showed up in the courtroom for support for the plaintiffs. He expects that it could take “several weeks if not several months” for the court render a decision.

“We’re looking forward to the next steps in this case,” Reaves said. “This is not gonna be a single hearing, there’s gonna be multiple opportunities to explain to the court why these Orthodox Jewish families and schools have the same rights as other families who choose to send their kids to a secular school.”

The Loffman parents said in a statement to the Journal following the hearing: “We want to educate our son in a safe, supportive learning environment that meets his unique needs and upholds our shared religious beliefs. Unfortunately, California is forcing our family to choose between raising our son in our faith tradition and providing him the help he needs to reach his full potential.”

Teach Coalition Founder Maury Litwack also said in a statement to the Journal regarding the hearing, “All children with disabilities, regardless of their religious beliefs, should have the same opportunity to receive a quality education that meets their unique needs—and a parent should never have to compromise on how or where their child is educated.”

“We’re looking forward to continuing engagement with community,” Reaves said. “The community’s support is really what allows us to do this litigation.”

This article has been updated.

Multiple American Jewish groups criticized the Israeli government’s passage of a judicial reform that limits the Supreme Court’s ability to strike down government decisions based on the “reasonableness” standard.

The bill passed in the Knesset 64-0, with the opposition boycotting the vote altogether. Protests have been raging across Israel over the bill and the ruling coalition’s broader push for judicial reform; some military reservists even said after the July 24 bill passed that they would no longer voluntarily serve in the military to protest the bill.

Various Jewish groups expressed concern that the bill passed without a “broad consensus” in the country.

“We are deeply disappointed that the Israeli government passed the controversial Reasonableness Bill, failing to heed the call of President Herzog and others to reach a compromise rooted in a broad societal consensus,” the Anti-Defamation League (ADL) said in a statement. “As we have previously said, this initiative and other judicial overhaul proposals could weaken Israeli democracy and harm Israel’s founding principles as laid out in the Declaration of Independence. The failure to reach a compromise has led to unprecedented divisions within Israeli society, threatening both the country’s social cohesion, economic well-being and, according to experts, its security preparedness.” They later added: “We continue to believe that in this historic moment, all Israeli political leaders should demonstrate courage and willingness to compromise and make concessions. There is no legislation that is more important than the well-being of the Israeli society. We strongly urge the Israeli government to refrain from moving additional judicial overhaul bills forward and focus instead on working together with Israeli civil leadership to build consensus and cohesion aimed at healing the wounds within Israeli society.”

The American Jewish Committee (AJC) expressed their “profound disappointment” in a similar statement. “The new law was pushed through unilaterally by the governing coalition amid deepening divisions in Israeli society as evidenced by the hundreds of thousands of Israelis who have taken to the streets,” the AJC said. “Of particular concern to AJC, the continued effort to press forward on judicial reform rather than seeking compromise has sown discord within the Israeli Defense Forces at a time of elevated threats to the Jewish homeland and has strained the vital relationship between Israel and Diaspora Jewry. While many Israelis agree that some reform of Israel’s judicial system is warranted, AJC has consistently maintained that reform to the institutions core to Israeli democracy should only be adopted on the basis of the broadest possible consensus. That is why we have been strongly supportive of President Herzog’s efforts to find compromise. President Herzog’s successful visit to the United States last week reminded us that a thoughtful and pragmatic approach can gain support across political lines.”

Conference of Presidents of Major Jewish American Organizations Chair Harriet P. Schleifer and CEO William Daroff said in a statement, “We must remember the dangers that discord and division can pose to the Jewish people. We call on Israel’s leaders to seek compromise and unity. Responsible political actors must ease tensions that have run dangerously high. The Conference of Presidents will always advocate in support of the bilateral relationship between the United States and Israel, which is crucial to the security and well-being of both nations. Israel is a Jewish and democratic state. Both countries benefit immeasurably from this strategic partnership and abiding friendship, and will continue to do so because of our fundamental bonds and common interests.”

The European Leadership Network (ELNET) tweeted, “ELNET, being apolitical and non-partisan, is deeply concerned about the ramifications of this vote and has called upon the government to reach a broad national consensus on constitutional changes. ELNET believes both mutual interests and common democratic values are the basis for relations between Israel and Europe. ELNET will carefully monitor developments moving forward.”

🚨ELNET statement on the passage of the Reasonableness Standard Law in Israel🚨

The Knesset (Israel’s parliament) has passed a law that curtails the ability of the High Court of Justice to review government decisions according to the “reasonableness” criterion.

ELNET, being…

— ELNET (@elnetwork_eu) July 24, 2023

Other Jewish groups went a step further, suggesting that the bill’s passage threatens to destroy Israel’s democracy altogether. “With the “reasonableness standard” repealed with respect to a critical range of government decisions, the Supreme Court has lost a major piece of its ability to act as a balance on the actions of the executive,” J Street said in a statement. “This extreme-right government will have an increasingly unrestricted hand to carry out major appointments, dismissals and policies without fear that they could be halted and overturned by the court. Their agenda will almost certainly include deeply harmful new acts of annexation and expropriation in the West Bank, where they continue to pursue a one-state nightmare of permanent occupation and exclusive sovereignty between the Jordan River and the Mediterranean Sea. It will continue to chip away at the rights of women, LGBTQ+ people, Palestinians (both Israeli citizens and those in the occupied territory), non-Orthodox Jews and many others.”

The Jewish Democratic Council of America (JDCA) denounced the bill’s passage as being “anti-democratic.” “We are deeply concerned by the ongoing attempts to erode Israel’s democracy with measures like this one, which unequivocally weakens Israel’s judiciary, democracy, and systems of checks and balances,” JDCA CEO Halie Soifer said. “As President Herzog has urged and President Biden advised, the focus of the Israeli government should be on uniting around a consensus for judicial reform, not divisive and undemocratic measures like this one. We stand with the hundreds of thousands of Israelis who have demonstrated in support of Israel’s democracy and in opposition to harmful judicial overhaul proposals, including this legislation.”

Jewish Dems oppose the anti-democratic action taken by Israel’s current government today to repeal the reasonableness standard.

This repeal weakens Israel’s judiciary, democracy, and systems of checks and balances.

Read our full statement below: pic.twitter.com/2NtvktpWpV

— Jewish Dems (@USJewishDems) July 24, 2023

The Rabbinical Assembly and United Synagogue of Conservative Judaism similarly said in a statement, “The governing coalition’s choice to unilaterally pass this legislation represents a clear and present danger to the country’s independent judiciary, which may still come under further assault. Democracy requires independent legislative, judicial, and executive branches. With no written constitution nor upper house in the legislature, the independence of Israel’s judiciary is indispensable. Prime Minister [Benjamin] Netanyahu’s coalition has created serious fractures in Israel and the wider Jewish world. In the face of their legislative aggression, we are heartened by the broad citizen coalition of Israelis who are resolved to protect the Jewish and democratic nature of the state. We urge the government to refrain from introducing further judicial legislation and to participate in negotiations under the auspices of President Isaac Herzog.”

By contrast, Zionist Organization of America (ZOA) National President Morton A. Klein expressed staunch support for the bill. “There were hundreds of thousands of Israelis in Tel Aviv rallying in support of this judicial reform … yet the media in Israel and America neglected to report this,” Klein said in a statement. “The reform is a victory for democracy, the rule of law, a democratic balance of powers, and is curbing judicial tyranny in Israel. The ‘reasonableness standard’ was abusive, violated democratically-passed laws; was used to oust a democratically-elected minister; and subjective: What’s unreasonable to one person is reasonable to another. There was no criteria for judging ‘reasonableness’: It was simply the judge’s political or personal opinion and worldview! And when you have an Israeli Supreme Court with an overwhelming left wing majority with no diversity, you get rulings not reflecting the law or the people. I’m sure if the Court had an overwhelming right wing majority, the people in the streets opposing judicial reform would be supporting it.” He added that it “would be an anti-democratic travesty to allow Israel’s democratic process to be thwarted by the left wing mobs who obstructed vital roads and Israel’s airports, sometimes acted violently, and even tried to block Knesset members from entering the Knesset to vote today.”

Democratic Majority for Israel CEO Mark Mellman and Board Co-Chairs Ann Lewis and Todd Richman said in a statement, “While we believe it was a serious mistake for this government to ignore the pleading of the majority of its citizens, as well as its President, and pass this bill without significant compromise, it was done democratically. As in any democracy, including the United States, governments are empowered to make decisions however disappointing or unwise we may believe them to be. It should also be noted, despite some misleading headlines in the media, the law approved today in the Knesset does not prevent the Israeli Supreme Court from overturning government decisions, though it does remove one important criterion for doing so.” They added that “it is not too late for compromise on it and other elements of the proposed judicial overhaul. We urge all parties to return immediately to negotiations under the auspices of President Herzog to agree on a widely supported set of laws that guarantee the democratic character of the Jewish state. We remain inspired by the hundreds of thousands of patriotic Israeli protesters continuing to fight to protect their democracy, and we know that through these difficult times, the U.S.-Israel relationship remains steadfast.”