By declaring halacha irrelevant to the Jewish faith, the judges have left it quite unclear to what extent Jewish law can be used to define Jewish belief or practice. This leads to the question of what constitutes Judaism and Jewish practice.

If synagogue attendance is required, then what is a synagogue? Are all “synagogues” the same for this purpose, so that it matters not whether it is Orthodox, Progressive, Liberal, or what have you? Would a “messianic” synagogue be counted as a synagogue and attendance there make children eligible for Jewish schools?

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The ruling as it stands now applies not only to state-funded religious schools like JFS, but to all private religious schools. All of Jewish education and all Jewish institutions are negatively impacted by it.

Effort is now under way to reverse the decision. The matter will be decided by the new Supreme Court, which has replaced the House of Lords as the highest court in the land. Strong, forthright and principled leadership is required, something that, alas, has too often been lacking in Anglo-Jewry. Unity among all Orthodox communities is also essential. With these it is just possible this evil decree can be negated.

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