Haredim Claim Victory: Hasidic Parents Released From Prison

According to the court approved agreement, students to return to school for school year's remaining three days, study 'love of Israel' without separation. Judges approve proposal after both parties state Supreme Court's desegregation ruling is being upheld. Outside of court, haredim claim victory: In Israel today, rabbis decide, not the secular courts.

Immanuel parents: In Israel today the rabbis decide - not the courts
As judges release parents jailed in West Bank school segregation row, Shas spiritual leader says 'Only unity will save us.'
By Yair Ettinger • Ha'aretz

The High Court on Sunday released fathers jailed for violating a court order to integrate an ethnically segregated girls' seminary in the West Bank settlement of Immanuel, prompting claims within the Haredi community of a victory over the state's secular institutions.

"It seems that in the country today, decisions are made by the Gedolei Yisrael [Israel's foremost Haredi rabbis] and no one else," said one of the fathers following his release on Sunday.

The decision followed a compromise deal struck on Sunday morning between Shas spiritual leader Rabbi Ovadia Yosef and the Slonim Rabbi, religious leader of the Ashkenazi families who had refused to send their daughters to the mixed-ethnicity school.

"Only unity will save us," said Shas spiritual leader Rabbi Ovadia Yosef after the deal was reched. "All of us, Sephardis, Ashkenazim, we are all sons of Abraham, Isaac and Jacob. God forbid that one of us should harm the other."

Both the state prosecutor and Noar Kahalakha, a nonprofit organization which first petitioned the High Court against the segregation, on Sunday accepted the agreement, saying it fulfilled the obligation to abide by the court order.

The deal calls for Ashkenazi and Sephardi girls enrolled at the Beit Yaakov school to spend the next three days - the last three days of the school year - attending lectures on unity.

Parents had earlier asked the court to allow them to seek arbitration from Rabbi David Yosef, son of Rabbi Ovadia Yosef, and Rabbi Yaakov Cohen, an Ashkenazi Haredi rabbinic pleader and is considered an expert in conflict resolution.

Fathers of Beit Yaakov students spent more than a week in prison for contempt of court after violating an order to reintegrate the school, where girls of European and non-European ethnicity were separated.

Ashkenazi parents deny that classes were designed to separate children according to background, saying the 'Hasidic' track was reserved for children from more observant families.

Justice Edmond Levy said the fathers had been jailed for "contravening an order of this court, and their actions to thwart it".

"The duty to obey the ruling is fundamental, and as such cannot be dependent on any arbitration process," he said.

Levy said that before the jailed parents could be released, he would require acceptance in writing of the ruling to unify the Hasidic and the general tracks in the school, and a commitment from parents to send their daughters to the unified track.

Ynet's report:

Emmanuel compromise approved; parents released

According to agreement, students to return to school for school year's remaining three days, study 'love of Israel' without separation. Judges approve proposal after parties agree 'verdict is being upheld'

Aviad Glickman • Ynet

A compromise proposal enabling the release of the parents of the Emmanuel students was approved Sunday by the High Court of Justice, after being presented by the parents and petitioners with the approval of the State Prosecutor's Office. The judges ruled that the incarcerated parents would be released on Sunday.

"We reached highs we shouldn't have reached, I hope the matter is indeed concluded, "Judge Edmond Levy said, noting that "we are one people after all." Petitioner Yoav Laloum heralded the "end of discrimination in Emmanuel" at the end of the hearing.

Shortly after the ruling, the imprisoned fathers who arrived from the Maasiyahu Prison, stepped out of the court into a crowd of hassidim who welcomed them with ovations, song and dance. MK Yakov Litzman (United Torah Judaism) was also present and said, "This is our victory which showed the whole world that one can sit in prison in order to better educate our children. The High Court won't acknowledge its mistake – but it made a big one."

One of the fathers who were released said, "The decision is very pleasing. We got in jail since a doubt had been cast on the authority of the great minds of our generation, for this we were imprisoned and we were wrongly accused. Not only is there no discrimination (in Emmanuel) but there is true partnership." He further noted, "Prison is not a pleasant place, but we were greatly strengthened by the massive support. At the end of the day, the court accepted the appeal of the generation's great minds."

According to the proposal, the students will return to the Beit Yaakov school for the school year's remaining three days and will study the "love of Israel" together, without separation. During the subsequent summer holiday a long-term solution must be found and presented to the court by August 25.

The High Court judges appeared satisfied with the compromise during Sunday's hearing. Judges Edmond Levy and Hanan Meltzer, however, emphasized one point: The parents' representative must acknowledge that the compromise is within the implementation of the court's previous verdict, which revoked the discrimination in the school. The parents' attorney agreed and handed the proposal to the prosecution, which after careful examination accepted the compromise as well, and confirmed it upholds the verdict.

The parents' lawyer, Attorney Mordechai Green said, "The spirit of Judge Edmond Levy's decision from Friday made us understand that the judges want the verdict to be followed to the full. It was then decided to reach an agreement. The honorable Rabbi Ovadia Yosef sees it as a solution to a social problem. The girls from Emmanuel are currently very confused."

During a break in the hearing Laloum said, "According to Rabbi Yaakov Yosef's instruction, we made it clear we wholeheartedly accept Rabbi Ovadia Yosef's proposal. This decision has already ended discrimination in Emmanuel, this case has run its course."

Attorney Shosh Shmueli of the prosecution said, "We welcome any agreement which upholds the verdict."

The agreement noted that following consultation with their rabbis the two parties renounce any disagreement, call for the cessation of mutual slanders, and agree that educational establishments must accept students solely on the basis of religious background and not according to ethnic affiliation. It was further agreed that there was no room for separations and fences in the school. The petitioners also agreed that the parents be allowed to establish a separate school on the following school year.
 
Studying unity

According to the agreement, during the next three days the school will hold conferences and lectures for students of all courses "in support of unity and the love of Israel."
 
Shas chairman Minister Eli Yishai attended the hearing and said prior to the official approval, "I am confident that ultimately this sad and painful affair will end to everyone's satisfaction with love and unity. I do not think it is just to take a girl, put her in a school where she is shunned, and be coerced to study there. The solution is not the High Court but getting up and doing the right thing. "

Some 30 haredi worshippers also arrived at the Supreme Court Sunday and read out chapters of Psalms. Police and Border Guard forces were present at the site to prevent any possible riots.

Comments

[Dr. Dave]

The petitioners also agreed that the parents be allowed to establish a separate school on the following school year.

So much for studying unity, ahavat chinam (baseless love) and love of your neighbor.

Lets establish a new holiday to mark the occasion and not say tachanun!!

[Avi Rosenthal]

It ain't over until it's over. Let's see what happens next semester.

[RG]

it's not the students who need classes on unity. It's their parents.

[Reader]

The separate school will be private and not supported with public funds (no government subsidies). It will also be allowed to accept or reject students based ONLY on religious criteria.
Well, if the Slonimer were ready for the "firing squad" to stand by their principles, they are certainly ready to pay full private school tuition.

[Alter Kocker]

It amazes me that the reality that the Haredim live in is entirely subjective. The girls have been ordered back to school with no segregation. They will learn unity and the Haredim must have a privately funded school if they wish to segregate. All of this was what the parents protested against. They wanted segregation in a publicly funded school. Now, because the parents are in agreement with the state's solution it is a Haredi victory?

The next semester will tell the tale. The government must force this school to be entirely funded by the parents. No schnorring allowed. Fully funded tuitions AND it must have a state approved curriculum.

[Maarvik]

The sad reality is that both sides claim victory and submission of their respective opponent rather than conciliation and compromise. The triumphant Charedi view is that the secular court of the "chilonim" has given in to the higher authority of "Gdolei Yisroel". Conversely, the secular are led to believe that the Charedim have finally gotten a clue as to how the judicial system works in their own country. Neither view is based on reality, however.

Chinuch Atzmai should be "atzmai" in the full sense of the word - independence with no financial support from the state.

[Jeff Eyges]

"It seems that in the country today, decisions are made by the Gedolei Yisrael [Israel's foremost Haredi rabbis] and no one else,"

"This is our victory which showed the whole world that one can sit in prison in order to better educate our children. The High Court won't acknowledge its mistake – but it made a big one."

"At the end of the day, the court accepted the appeal of the generation's great minds."

The tragedy is that this is how they perceive it.

For this alone, they shouldn't have been let out. No, scratch that. They shouldn't be allowed to have children in the first place.

[Jeff Eyges]

The threads on Haaretz and Ynet are filled with comments left by crowing Haredim - the gedolim won, they showed those judges, Israel should be run according to Torah law, the "leftists" should all get out... it just goes on and on.

These people are beneath contempt. They utterly disgust me. Seriously - take the kids away from them, then cut off all of their funding.

[harold]

EXCELLENT! Cool heads prevailed. As they say "necessity is the mother of invention". They had no choice but to find a compromise and they did.

[seymour]

to those who claim the cherdeim won

they must follow the supreme court rules and give the court their plans for their school by august
another words no segregation

how could it be that most missed that little point of the compromise.

Bottom line the chediem blinked, since they saw that the secular court was not going to give in to their temper tantrums

[seymour]

The tragedy is that this is how they perceive it.

For this alone, they shouldn't have been let out. No, scratch that. They shouldn't be allowed to have children in the first place.

Posted by: Jeff Eyges | June 27, 2010 at 11:12 AM

they have to say that and think that since they think that their Gedoleim are never ever wrong and cannot make a mistake.

Which of course is against the Torah since the Torah showed us even Moshe could make a mistake

[harold]

The tragedy is that this is how they perceive it.

For this alone, they shouldn't have been let out

The issue is not that the father's were let out early, the two weeks in jail is really a walk in the park. I would assume that as a corollary that the women don't have to go to jail. That is the "victory". The fathers being released is more of the symbolic sign of the crisis being diffused.

[Adam Neira]

"During this time, the girls will attend gatherings and lectures from educators of various streams, in which the themes of unity and love of Israel will be stressed."

At last some light has shone through the darkness ! Great wonders can be worked when people just sit together in the same room with some feeling of curiosity, respect and a gentle intent to work together. There is so much trauma and strife in the world that we need spaces of sanctuary, peace and possibility. The divine shekhinah cannot rest where there is chaos and turmoil. Jews should love their fellow Jews. This is not the time to be fighting over minutiae. I don’t believe you need to micromanage children either. Just create the setting and monitor with an aspect of loving kindness and trust. Too much need to control is a sign of the parents and Rabbis own insecurities. Good luck to the girls.

[AnotherBT]

A friend pointed out something today I hadn't considered:

The State jailed the parents for pulling their children out of school.

Segregation is awful... but do we really want a precedent where the State can jail parents for putting their children in the "wrong" schools?

[Bill]

Another BT,

I agree with you.

It violates fundamental principles of liberty to jail parents because of the educational choices they make for their childen.

This would never happen in the United States.

israel is a backward, antidemocratic country.

[Shmarya]

It violates fundamental principles of liberty to jail parents because of the educational choices they make for their childen.

This would never happen in the United States.

israel is a backward, antidemocratic country.

Please.

The parents were jailed for contempt of court. They refused to pay fines assessed, and eventually were jailed.

Again, for the umpteenth time, these parents tried to send their kids to another state-funded haredi school in an area where there are few Sefardim. That way, they would still get a free education without having to be exposed to Sefadim.

If this were done in the United States, parents would be jailed.

Why?

Because they would have refused to follow a court order.

[Bill]

"If this were done in the United States, parents would be jailed. Why? Because they would have refused to follow a court order." - Shmarya

Not so.

In the United States, a court would never order a parent to send a child to a particular school so as to integrate that school, and a court would never hold a parent in contempt for failing to do so.

And if a District Judge showed up drunk for work and blundered and issued orders such as these - a higher court would be very quick to void it on Constitional grounds.

[Shmarya]

In the United States, a court would never order a parent to send a child to a particular school so as to integrate that school, and a court would never hold a parent in contempt for failing to do so.

Did you forget the 60s and 70s?

Kids were FORCIBLY bussed all the time.

Courts upheld this forced busing just as they previously upheld forced integration – remember Little Rock?

Again, the issue in Israel is haredim wanted to send their kids to another public school to avoid integration with Sefardim.

These parents were in contempt of court for more than 9 months. They refused to pay fines. They refused to integrate.

Finally, the court did the only thing it had left – it ordered the parents jailed.

In America, the National Guard would have solved this problem months ago – just like in Little Rock.

[Bill]

"Did you forget the 60s and 70s? Kids were FORCEBLY bussed all the time.... The [Israeli] Court did the only thing it had left - it ordered te parents jailed." - Shmarya

In the 60s and 70s not one parent was sent to jail for sending their child to a segregated school. Again, that would violate principles of liberty and would never happen in the Unitrd States. (Additionally, the black children were bussed willingly, not the whites forcibly.)

And finally, if the Israeli Court felt it had no remedies left, it's only because it boxed itself in with its anti-democratic order against the parents in the first place. It should have fashioned remedy to target the segregated school's administration and funding - not the parents.

The court blundered

[Shmarya]

In the 60s and 70s not one parent was sent to jail for sending their child to a segregated school.

That's because the government in America stopped paying for segregated schools and instituted a program – busing – that integrated previously all white schools.

So parents did not have the opportunity to move their kids to a whiter school – unless they paid for a private school or themselves moved to a city with a very low black population.

In Israel, what the hasidic parents tried to do is send their kids to a public school in another town that has a low Sefardi population and few, if any, Sefardi kids in the Beis Yaakov school.

But they tried to do this without moving to that town. In effect, they were busing their kids to AVOID integration.

Because both schools – the one in Immanuel and the one in the other town – are public schools part of the Chinuch Atzmai system, the parents' choice was illegal.

They were jailed because for 9 months they ignored court orders to integrate and refused fines the court imposed on them, and then tried to escape the court's rulings by sending their kids to another public school in different town, as I explained above.

They were jailed for contempt of court.

Even so, you somehow think that the court is undemocratic, and the parents are victims.

So try to process:

1. If the state pays for the school, the state has the absolute right to dictate things like core a curriculum and integration – just like in America.

2. Parents who do not like this can send their kids to fully private schools or homeschool them – just like in America.

3. But parents cannot use another public school to avoid integration, unless those parents MOVE to that school district. And even then, the government can mandate integration – just like in America.

4. Refusing to follow court orders results in contempt of court citations, fines and imprisonment – just like in America.

5. In America, integration was achieved by a positive action – forced busing. In Israel, integration is just now being attempted by a largely passive action – forbidding segregation.

6. That means in America, hundreds of thousands of kids were forcibly bused and integrated, so schools that were all white only because of the neighborhood they were located in were integrated by busing minority students to that school.

7. By contrast, in Israel a public school can be 100% Ashkenazi if it is so because of the demographics of the town it is located in. But what that school cannot do is refuse to accept the children of Sefardim who live in that town, or put up walls to divide the Ashekanazi kids from the Sefardi kids in that school. And parents cannot avoid integration by busing their kids to a neighboring all Ashkenazi town's public school.

8. Because the hasidic parents chose to break the law by and chose to ignore repeated court rulings directed at them, and because they refused to pay the fines levied, they were jailed.

9. The specific school that accepted the hasidic kids from Immanuel was threatened with defunding, as was the entire publicly funded haredi school system.

10. The Immanuel school itself would have been defunded already, but it accepted the court's orders and tore down the separation walls.

11. But the hasidic parents from that Immanuel school refused to integrate as noted above. Eventually, after months of waiting for them to pay fines or to integrate, the court jailed them for contempt of court.

[Bill]

In the United States, the government would not have an absolute right, enforceable against the parents, to integrate schools - even publically funded ones.

The enforcement action would be against the school - not parents - in every circumstance.

[Shmarya]

In the United States, the government would not have an absolute right, enforceable against the parents, to integrate schools - even publically funded ones.

Absolutely false.

The enforcement action would be against the school - not parents - in every circumstance.

False.

Try to follow the logic:

1. In America, children MUST by law attend school.

2. Parents who refuse to send their children to school can be and have been jailed.

3. The US used withholding federal funds and contempt citations against school administrators – along with the national guard and force busing – and mayors to achieve integration. It sent black students into white neighborhoods to attend school.

4. Israel has not mandated this level of integration (yet).

5. What Israel has done is to outlaw purposeful segregation, but has not yet taken steps to ensure system wide integration.

6. It took America about 20 years to achieve desegregation system wide.

7. Israel is in its first year of trying to achieve desegregation.

8. The US does NOT recognize a parent's complete freedom to educate his children in any manner he chooses. (See 1 and 2 above, for examples.) Neither does Israel.

[Bill]

In the United States, the state may mandate specific minimum educational content.

that is the only state right enforceable against parents in the united states with regards to education - publically funded or otherwise.

[Shmarya]

In the United States, the state may mandate specific minimum educational content.

that is the only state right enforceable against parents in the united states with regards to education - publically funded or otherwise.

Wrong.

The state mandates school attendance and mandates integration.

[Bill]

States mandate integration as a right of the protected class that is enforced against the school - never the parents.

As for school attendance, attendance at a particular school is never mandated in the United States.

[Shmarya]

States mandate integration as a right of the protected class that is enforced against the school - never the parents.

Nope. The federal government, not the states, mandates integration.

As I have shown repeatedly above, the enforcement of integration in the US is primarily directed at the cities and schools because funding can easily be withheld, and that acts as a stick to force compliance.

There is no parallel situation in Israel which has meant the courts are forced to pursue the segregationist parents.

Even so, there is NOTHING in US law that forbids the courts from pursuing parents.

As for school attendance, attendance at a particular school is never mandated in the United States.

False.

A child is MANDATED to attend a certified school.

That school can either be a public school in his school district determined by the school board OR a private school.

A parent cannot decide to send his child to a public school outside his school district unless the parent establishes residency there.

You can keep repeating your slogans as much as you want, but those slogans are patently false.

[Bill]

if you have a single case where enforcement of integration was effected --against- a parent in the united states, please cite it.

I am otherwise done with this thread.

[Shmarya]

if you have a single case where enforcement of integration was effected --against- a parent in the united states, please cite it.

I am otherwise done with this thread.

Again, there is NOTHING in US law or the Constitution that forbids a court from issuing contempt citations to parents who refuse to send their children to school. This has been done on a local basis many times – although most of those cases are from the late 1800s and early 1900s.

That US courts did not need to cite individual parents during integration cases does NOT mean they could not do so.

You are creating a Constitutional right that does NOT exist, and parroting this as if it were fact – but it is NOT.