Ira invited Hillel to say a bit more about the relevant assumptions underlying
Jewish law's views of women's bodies. As a Jewish female with "Conservadox"
leanings, I would like to add my two cents on this particular issue.
As a general matter, the entire area of modesty (which applies to both
1. Like Meir, I interpreted Hillel’s post as suggesting that
the assumptions he attributes to Jewish modesty laws are “negative.” Hillel
wrote, “My primary opposition to the gender-segregated swim hours is not simply
the formal segregation of the sexes and the practical burdens
I agree entirely with Marty’s astute analysis in items 1 and 2,
and with Marty’s conclusion that women-only swimming hours without
corresponding men-only hours are unconstitutional; more shortly on the
“gerrymander” question.
I should say, though, that I’m not sure whether the
I appreciate Chip’s concerns, but I wonder how far they can go.
A cafeteria at a government-run institution decides to offer kosher options,
because there happen to be quite a few observant Jewish patrons or employees
who eat there. The decision is a local one, made by the
As a conceptual matter, I would describe Chip’s point about justification in
slightly different terms: if the government is indeed accommodating in a
permissible way, by removing a significant or substantial burden on religious
exercise, it is acting to promote or protect *religious freedom*,
Some national attention now --
http://bigstory.ap.org/article/3259421f36124a34be17b68654a7bf4e/no-men-allowed-women-only-pool-hours-draw-complaints-nyc
.
Note the references to Seattle and a Minneapolis suburb, and the ambiguous
position of city wide authorities in NYC (relevant in light of
A few more thoughts:
1. Are there any women participating on this listserv? It seems
remarkable that we have talking about this gender based policy for days and
(unless I missed something, and please forgive me if that is the case) all
the participants are men.
2. The Kiryas Joel problem is
Well, I'm sure glad I asked about this case -- this has been a wonderfully
provocative and informative thread, thanks!
A few reactions and further questions:
1. I'll start with the Establishment Clause. First, let's assume for the
sake of argument (and to clarify our analysis) a
I confess I'm stymied by the objection Meir has articulated to my
offending
paragraph. Jewish laws regarding modesty
surely *must*
reflect certain assumptions about women's bodies
. Why else would there be a religious law concerning mixed swimming (or
women singing in front of men, or showing
