Press Release

Court protects Jewish school’s freedom to choose faithful teachers NJ Supreme Court agrees yeshiva can freely select rabbis without government interference

Media Contact

Ryan Colby 202-349-7219 media@becketlaw.org

Additional Information

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TRENTON – The Supreme Court of New Jersey today protected an Orthodox Jewish school’s freedom to choose who carries out its religious mission. In Hyman v. Rosenbaum Yeshiva of North Jersey, a New Jersey Orthodox Jewish school announced it had parted ways with a rabbi who it said violated Jewish law by allegedly interacting inappropriately with his elementary-age female students. The rabbi then sued the school, arguing that he had been defamed. Becket filed a brief on behalf of Serbian Orthodox, Russian Orthodox, Romanian Orthodox, and Antiochian Orthodox church bodies to explain the importance of allowing religious groups to select, control, and discipline their leaders without undue government interference.   

Rosenbaum Yeshiva of North Jersey is a Jewish day school in River Edge, NJ. The school exists to help young Jewish men and women excel academically while remaining committed to Torah learning and Orthodox Jewish traditions. After concluding that one of its teachers, Rabbi Shlomo Hyman, allegedly interacted inappropriately with female students, the school ended his contract and wrote a letter to parents informing them of the Yeshiva’s decision. Hyman then filed a lawsuit in state court, claiming he was defamed, and that the Yeshiva should have to defend its religious decision to a court.   

“Judges have no business picking Jewish rabbis or Orthodox priests,” said Laura Wolk Slavis, counsel at Becket. “The court’s ruling reinforces that common-sense principle, allowing Rosenbaum Yeshiva to choose who passes on its Jewish beliefs to the next generation.”  

Becket’s brief explained which kinds of claims fall under the ministerial exception, a legal protection that ensures that religious groups can select and govern their ministers free from any government interference. While some claims fall outside the exception—like a priest who sues a bishop for punching him in the face—it protects religious groups from defamation claims like those alleged by Rabbi Hyman, which do nothing more than ask a court to second-guess how a religious school chose to discipline one of its ministers.  

“Religious schools should not have to fear being dragged into court when making decisions that seek to protect children in their care,” said Wolk Slavis. “The Justices ensured that this freedom is upheld for Jews and for people of all faiths across the Garden State.”  

Hyman has 90 days to appeal the decision to the United States Supreme Court.  

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby atmedia@becketlaw.orgor 202-349-7219.