News & Information for the Week of
June 14th - June 18th, 2021
SUPREME COURT ISSUES FAVORABLE DECISION IN RELIGIOUS FREEDOM CASE
On Thursday, The United States Supreme Court issued a major favorable decision in a case, Fulton v. City of Philadelphia, involving religious liberty. The case considered whether the city of Philadelphia acted unconstitutionally when it banned a religious agency from participating in the city’s foster care system because of their policy of not placing children in homes of same-sex couples. The agency, Catholic Social Services (CSS), has a policy against doing so, and the city, upon learning of this, blocked CSS from participating in the foster care system.
 
CSS filed a lawsuit against the city, arguing that barring it from continuing to contract with the city and place children only in those homes it deemed to be acceptable based on its religious beliefs was a violation of the Free Exercise Clause of the First Amendment, which supports freedom of religion. After losing in the lower courts, CSS asked the Supreme Court to take the case.
 
The Supreme Court unanimously ruled that Philadelphia’s refusal to contract with CSS unless it approves of placement of children with same-sex couples was a violation of the First Amendment. The Court ruled that Philadelphia would be required to demonstrate a “compelling interest” in denying CSS its contract, under the “strict scrutiny test” required to uphold a law or provision that violates the free exercise of religion, and the city had not done so.
 
The National Jewish Commission on Law and Public Affairs (“COLPA”) on behalf of Agudath Israel of America, along with the Agudas Harabbonim of the United States and Canada, the National Council of Young Israel, the Orthodox Jewish Chamber of Commerce, the Rabbinical Alliance of America, the Rabbinical Council of America, and Torah Umesorah, submitted an amicus curiae (friend of the court) brief in this case supporting CSS’s position. The brief, authored by noted Washington attorney Nathan Lewin, called upon the Supreme Court to overrule its decision in Employment Division v. Smith. The Smith decision said that if a law is not directed specifically against religious practice it is not unconstitutional as long as it is “neutral and of general applicability” even though it does actually restrict freedom of religion. That decision has curtailed religious freedom in numerous cases ever since it was issued.
 
The COLPA brief argued that the Smith decision was procedurally flawed because the parties in the case had never been given the opportunity to brief and argue the substance of the issue ultimately decided by the Court.
 
Although the majority of the Justices declined to overturn the Smith decision, that was sharply attacked by Justices Alito and Gorsuch. While concurring with the majority that the city’s contract provisions were a violation of the Free Exercise Clause, Justice Alito and Gorsuch both wrote opinions arguing that the Court should have overturned the Smith decision, and Justice Thomas joined in their concurring opinions.
 
Overturning the Smith decision has important ramifications for the Orthodox Jewish community. As Justice Alito pointed out in his opinion, under Smith, a law that prohibited the slaughter of animals unless they are first rendered unconscious would be constitutional, even though it would have the effect of banning kosher slaughter in the United States. Similarly, a law banning circumcision would be constitutional, even though it would outlaw bris milah, which is mandated by Jewish law.
 
Rabbi Chaim Dovid Zwiebel, executive vice president of Agudath Israel of America, stated, “We are gratified that the Court has ruled that the City of Philadelphia violated CSS’s Free Exercise rights.” He continued, “But we are disappointed that the Court did not use this opportunity to overturn Employment Division v. Smith. We can only hope that soon the Court will revisit Smith, which has had a detrimental impact on religious freedom in America.”

To watch our video summarizing the case and its ramifications click here
Agudath Israel of America Hires Rabbi Shragi Greenbaum to Serve as Director of its Rockland County Regional Office
Agudath Israel of America is pleased to announce the opening of its Rockland County Regional Office with Rabbi Shragi Greenbaum as its director. As the frum communities in upstate New York continue to grow, new challenges arise and old challenges intensify and the need to have a someone who can put focus on Rockland County and the surrounding areas has become abundantly clear.
 
As director, Rabbi Greenbaum will focus on serving the needs of the many communities, neighborhoods, and villages in the area, especially regarding education, busing, and zoning, in addition to advocating on other issues that may arise. Most importantly, he will focus on strengthening and developing relationships with local governments.
 
As the original founder of the Agudah’s New Jersey office in 2004 and as executive director of Yeshiva of Spring Valley, his continued advocacy efforts on behalf of the community makes Rabbi Greenbaum uniquely qualified for the position. “I am honored to rejoin the Agudah and look forward to getting to work and getting things done for the community,” said Rabbi Greenbaum. “We are excited to have Rabbi Greenbaum back, and look forward to working with him to advocate on behalf of the Orthodox Jewish community in Rockland and the Hudson Valley,” added New York Government Affairs Director Rabbi Yeruchim Silber.
 
Rabbi Greenbaum can be reached at the Rockland County office of Agudath Israel at 845-826-5447, or by emailing sgreenbaum@agudah.org.
The Sunshine State Continues to Shine
From a community event with State Senator Jason Pizzo to a signing event with Governor Ron DeSantis, the State of Florida continues to show its commitment to its Jewish community.

This past Thursday, Agudath Israel of Florida sponsored an event with state Senator Jason Pizzo. The event was a great opportunity for members of the community to interact with Senator Pizzo and discuss issues of importance to them such as antisemitism and religious freedom. Senator Pizzo was also presented with a plaque from Agudath Israel of Florida and Hatzalah of South Florida recognizing him for sponsoring the bill that allows Hatzalah to operate with lights and sirens when responding to calls.

“We are really thankful to Senator Pizzo for the work he has done for the community and for the opportunity for members of the community to interact and personally thank him for his work in getting the Hatzalah bill passed,” said Rabbi Moshe Matz, executive director of Agudath Israel of Florida.

Then, on Monday, Rabbi Matz joined Governor Ron DeSantis at the Shul of Bal Harbor in Surfside for a historic dual signing event. At the event – also attended by Lieutenant Governor Jeanette Nunez, State Representatives Mike Caruso and Randy Fine, and State Senator Jason Pizzo – Governor DeSantis signed two bills. HB 804 enables Hatzalah to operate with lights and sirens, and HB 529 mandates two minutes of silence at the start of class in public schools for meditation or prayer. Addressing the group, Governor DeSantis reiterated his commitment to the safety of the Jewish community and to fight against antisemitism. He also spoke about his support for Israel and the state of Florida’s partnerships with the Jewish state. “Through his words and actions Governor DeSantis continues to show his commitment to the Jewish community in Florida,” said Baruch Sandhaus, member of the board of Hatzalah of South Florida.

“Florida continues to lead the nation, whether in its partnerships with Israel, action against antisemitism, school choice, and now this Hatzalah bill. We are extremely grateful to Governor DeSantis, Senator Pizzo, and all those who continue to support the Jewish community in Florida,” concluded Rabbi Moshe Matz.
The Boston Mayoral Forum Series: Michelle Wu Joins the Agudah Voting Project for a Conversation

The Agudah Voting Project and the New England office of Agudath Israel of America were pleased to host a conversation with Boston mayoral candidate, Councilor Michelle Wu, for the second installment of their Boston Mayoral Candidate Forum Series.

Councilor Wu shared how her own upbringing, as the child of immigrants from Taiwan, impacts her priorities and governance style specifically as it relates to food insecurity.
Councilor Wu took questions from community members and shared her vision for the city. She shared her plan to increase access to affordable housing for low-income and middle-income families, and her plan to address zoning and redevelopment related issues.
Councilor Wu specifically focused on the work that can be done to ensure that Boston Public Schools is a “good partner” to all the students in the city, including Jewish day school students, so that Boston resident students can access special education services and other federal education funding that flows through the school district. She also expressed her commitment and willingness to continue to engage with the Orthodox community to ensure access to kosher food in a variety of settings.

“By participating in the conversation, the Orthodox Jewish community of Boston showed that they are committed to the future of the city of Boston,” said Mrs. Ariella Hellman, director of government affairs of Agudath Israel’s New England office. “We thank Councilor Wu for joining this important conversation and for her willingness to continue to work with our community to address the issues that matter to them.”
Agudath Israel Commends Justice Department for Improved Efforts to Combat Hate Crimes 
Agudath Israel of America is applauding the U.S. Justice Department (DOJ) for outlining measures that will improve efforts to fight against hate crimes and hate incidents, including those perpetrated against the Jewish community. 

In a memo to DOJ employees, Attorney General Merrick Garland explained that the steps being taken reflect recommendations made in response to an expedited review he directed of how the agency can better counter hate crimes, as well as the Department’s implementation of the Jabara-Heyer NO HATE Act, recently signed by President Biden. 

“As hate crimes rise, it is critical that the federal government rethink and look for new and improved ways to address the problem,” asserted Rabbi Abba Cohen, Vice President for Government Affairs and Washington Director for Agudath Israel of America. “This is particularly true of antisemitic incidents, which have dramatically spiked, and of expressions of antisemitism, which have come from many quarters and taken on many forms in both word and deed.” 

According to the Attorney General’s memo, the Department will be taking steps to “improve incident reporting, increasing law enforcement training and coordination at all levels of government, prioritizing community outreach and making better use of civil enforcement mechanisms.” In implementing the NO HATE Act, measures will include increasing resources and coordination devoted to fighting hate crimes, expediting review of hate crimes, and calling for the creation of local DOJ-community alliances against hate. 

“Agudath Israel was pleased to support the NO HATE Act, as it addressed a number of issues that we raised with the Department over the past several years, particularly the difficulties the community faced in the reporting of hate crimes and in the local follow up in pursuing such incidents,” Rabbi Cohen noted. 

“We thank the Biden Administration for taking these steps and look forward to working with it, and state and local authorities, in tackling the affliction of hate.”
Agudath Israel of America's division of government affairs is engaged in advocacy and legislative outreach activities on the local, state, and federal levels. In so doing, Agudath Israel seeks to protect the rights and advance the interests of observant Jews and their growing network of educational and religious institutions; and to offer a uniquely Orthodox Jewish perspective on contemporary issues of public concern.

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