the staff of the Ridgewood blog
River Edge NJ, in a significant ruling this week, the New Jersey Supreme Court upheld a Bergen County yeshiva’s decision to terminate a rabbi for alleged inappropriate conduct, reinforcing the application of the “ministerial exception” clause outlined in the First Amendment.
Background
Rabbi Shlomo Hyman was dismissed from the Rosenbaum Yeshiva of North Jersey in River Edge in 2019 after 31 years of service. Hyman filed a $10 million defamation lawsuit against the day school, which was dismissed in 2021, prompting the rabbi to appeal.
Court’s Decision
The Supreme Court’s decision to uphold the dismissal of Hyman’s appeal emphasizes the importance of the ministerial exception, which mandates that courts refrain from intervening in employment disputes involving employees holding significant positions within religious institutions.
“Judges have no business picking Jewish rabbis or Orthodox priests,” stated Laura Wolk Slavis, counsel for the Becket Fund for Religious Liberty, which represented several religious institutions in the case. “The court’s ruling reinforces that common-sense principle, allowing Rosenbaum Yeshiva to choose who passes on its Jewish beliefs to the next generation.”
Case Details
The six-member court was split 3-3 on whether discovery was necessary in the case, leading to the affirmation of the appellate division’s ruling, which agreed with the trial court’s summary judgment dismissal without discovery. Justice Rachel Wainer Apter did not participate in the decision.
Hyman was terminated for conduct described as “neither acceptable nor consistent with how a rebbe in our Yeshiva should interact with students,” according to a letter sent by the school to parents in May 2019. Allegations included touching students’ shoulders and backs, placing stickers on their lapels, and catching them while falling backward in a game of “trust.”
Rabbi Hyman’s Defense
Hyman’s lawsuit argued that he was not given a chance to defend himself against the accusations and that his dismissal was primarily a cost-cutting measure. His attorneys also noted that the yeshiva did not report his conduct to law enforcement, implying there was no criminal behavior to report.
The lawsuit further claimed that Hyman became an “unemployable pariah” within the Orthodox community, severely impacting his family. One daughter had to transfer schools, while another reportedly suffered health issues due to emotional distress.
Implications of the Ruling
Wolk Slavis emphasized that religious schools should not fear legal repercussions when making decisions to protect children. “Religious schools should not have to fear being dragged into court when making decisions that seek to protect children in their care,” she said. “The Justices ensured that this freedom is upheld for Jews and for people of all faiths across the Garden State.”
Next Steps
Hyman has 90 days from the ruling date to appeal the decision to the United States Supreme Court.
No tiene schmekel!