The state’s highest court ruled Thursday that a New Jersey yeshiva had a right to tell families why it fired a rabbi , dismissing his claims that the school falsely branded him a “pedophile.” In a unanimous decision , the state Supreme Court found that “ministerial exception” applied to Rabbi Shlomo Hyman’s case against Rosenbaum Yeshiva of North Jersey, a private Orthodox Jewish school in Bergen County. “Ministerial exception” is an interpretation of the First Amendment that says religious groups have the freedom to oversee their ministers without governmental interference.
When Hyman was fired five years ago, the River Edge yeshiva sent out a letter notifying the community about his termination. It said the rabbi was fired for “conduct had been neither acceptable nor consistent with how a rebbe in our Yeshiva should interact with students.” That prompted Hyman to sue the yeshiva for defamation, alleging he was falsely labeled as a “pedophile.
” The rabbi was accused of inappropriately touching 5th and 6th grade girls, including massaging their shoulders and creating games in class that caused him to touch them, according to the legal papers. Court documents do not say he was ever charged with a crime. Richard Scharlat, Hyman’s attorney, did not respond to a request for comment on the state Supreme Court decision.
An attorney for the yeshiva praised the decision. “Today is a good day for religious liberty,” said Akiva Shapiro, who represents the yeshiva. “The court unanimously adopted a flexible and protective standard for evaluating employment-related tort claims brought against religious institutions, and its specific holding will provide those institutions with important legal protections in communicating with their faith communities without fear of groundless defamation claims,” he said.
Hyman has 90 days to appeal the decision to the U.S. Supreme Court.
The case was argued before the state Supreme Court March 26. In their decision, all six state Supreme Court justices agreed ministerial exception applied to the rabbi’s claims. “Applying that standard to Hyman’s defamation claims, we conclude that a court’s determination of each element of those claims would mandate an inquiry into the religious tenets that govern Rosenbaum Yeshiva and would interfere with the Yeshiva’s right to choose and supervise its ministers,” wrote state Supreme Court Justice Anne Patterson in the decision.
However, the six members of the state Supreme Court were equally divided on whether discovery is required in the case. The tie meant the lower court’s prior ruling to dismiss the case was upheld, according to the opinion. Patterson filed the concurrence, with state Supreme Court Justices Lee Solomon and Douglas Fasciale joining.
Justice Fabiana Pierre-Louis filed a dissent, joined by Chief Justice Stuart Rabner and Justice Michael Noriega. Justice Rachel Wainer Apter did not participate. Other religious groups agreed with the decision that ministerial exception applied in the case.
“Judges have no business picking Jewish rabbis or Orthodox priests,” said Laura Wolk Slavis, an attorney representing a group of Eastern Orthodox churches that filed an amicus brief on behalf of the yeshiva. “The court’s ruling reinforces that common-sense principle, allowing Rosenbaum Yeshiva to choose who passes on its Jewish beliefs to the next generation,” she said. The 2019 letter about Hyman’s termination was from Rabbi Daniel Price, the yeshiva’s head of school.
It was sent to parents at Rosenbaum Yeshiva of North Jersey, known as RYNJ. Much of the case focused on a few lines in the letter. “In late February, the leadership of the Yeshiva received information that warranted placing Rabbi Hyman on leave,” the letter said.
“At the same time, the Yeshiva also retained Arnold & Porter, a highly regarded national law firm to conduct an independent investigation.” “As a result of that process, it was determined that Rabbi Hyman’s conduct had been neither acceptable nor consistent with how a rebbe in our Yeshiva should interact with students,” the letter continued. “In consultation with counsel and halachic advisors, the leadership of the Yeshiva has terminated his employment and has determined that no further action is necessary at this time,” it said.
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