Hebrew Union College claims Ohio’s charity-law suit violates its First Amendment rights
The Reform seminary has filed a motion to dismiss a suit it argues infringes on Jewish doctrine
The skyline of Cincinnati, Ohio. Photo by Sean Pavone/iStock
(JTA) — The Reform movement’s central rabbinical seminary filed a motion to dismiss the state of Ohio’s lawsuit against the school Friday, claiming the suit violates “foundational Jewish religious doctrine.”
It was the latest escalation in a pitched battle between Hebrew Union College and the state attorney general’s office, which has accused HUC of violating nonprofit law by shuttering degree-granting programs on its historic Cincinnati campus.
The suit, HUC argues, “violates the First Amendment by entangling government and religion.”
The suit was originally filed in April by then-Ohio AG Dave Yost — his second against the college related to its controversial plan to wind down its Cincinnati operations in favor of its New York and Los Angeles campuses. Yost claimed HUC’s actions in Cincinnati misled its donors by leaving a city where they were actively fundraising to support operations, and also violated its charter, which states that the school would “permanently maintain” a residence there.
The state seeks to seize HUC’s assets in Ohio and redirect them to a new, yet-to-be-decided nonprofit with a similar mission; an upstart rabbinical school founded by HUC alums says it wants them.
Such a move “is an unconstitutional and illegal governmental assault upon religion,” HUC’s strongly worded motion reads.
It continues, “The Attorney General has no role in dictating the religious affairs of institutions like HUC. The Court should reject his overreach into religious matters and should dismiss the Complaint because it is unconstitutional and unlawful.”
HUC also argues its vote to shutter the Cincinnati campus was done in full compliance with the law, adding that it intends to maintain the campus’s other assets, including the Klau Library, the American Jewish Archives and the Skirball Museum. In addition, citing a passage in the Torah that states “God will come to his people wherever they welcome him,” the school argues that considering “Jewish demographic realities” is part of its religious mission.
“These decisions were made thoughtfully and responsibly to ensure the long-term success of the institution and our ability to continue graduating strong Jewish leaders,” HUC president Andrew Rehfeld said in a statement accompanying the motion. The lawsuit, he added, “improperly seeks to interfere in the decisions of a religious organization, and this cannot be allowed to go unchallenged.”
Yost himself resigned as AG this week to join the Alliance Defending Freedom, a conservative Christian legal group that, in 2022, represented a Tennessee adoption agency that refused to foster a child to a Jewish couple. The suit against HUC continues under the state AG’s office.
This article originally appeared on JTA.org.
Hello, fellow Forward reader! I’m Joel Brown, a Forward reader and supporter for more than 15 years, and currently the chair of the board of directors.
I’m an avid Forward reader because it ticks so many of my essential boxes: excellent journalism, Jewish focus and diverse viewpoints. In today’s political climate, what I most appreciate is the Forward’s independence — made possible by the generosity of its membership.
The Forward is committed to bringing you unbiased, nuanced Jewish news. From my position as board chair, I see an exciting future as we expand our position as the definitive independent voice of contemporary American Judaism.
That’s why I’m paying it Forward, by matching $36,000 of reader gifts. It’s an investment in the Forward’s newsroom, to continue telling the American Jewish story with truth and independence.
— Joel Brown, Forward board chair
Support our mission to tell the Jewish story fully and fairly.
