Recent Ruling by the ECJ Forecasts Dim Future for Jewish Community in Europe

A decision by the European Court of Justice (ECJ) in December of 2020 illustrates a concerning trend moving across European countries, where measures are being taken to inhibit or even prohibit Jewish religious practices such as the observance of Jewish dietary restrictions and non-medical circumcision. In its recent decision, the ECJ upheld a Belgian regulation that prohibits the slaughter of livestock if the animals are not stunned first, effectively barring Muslim and Jewish ritual slaughter, which require animals to be conscious before they are slaughtered. The lawyers who mounted the case at the ECJ against the Belgian law argued that it violated the European Union (EU) principles of religious liberty. Ultimately, the Court held that the regulation did not violate the EU’s laws of religious freedom and those who argued against the law lost. The Court explained its decision as striking “a balance between freedom of religion… and animal welfare.”

Given the ECJ’s reasoning, the European lawyers who opposed the Belgian law would have been wise to emphasize the humane aspects of Jewish ritual slaughter (“shechita”). In the United States, shechita is protected by law not only on religious liberty grounds, but also as an inherently humane form of slaughter. In fact, LDB President Alyza Lewin’s late grandfather, Dr. Isaac Lewin, played an instrumental role in persuading the U.S. Congress to incorporate language into the Humane Slaughter Act of 1958 which explicitly recognizing shechita as a humane form of animal slaughter. And years later, when the “Society for Animal Rights” challenged as unconstitutional the inclusion of shechita in the Humane Slaughter Act , Lewin’s father (and LDB  legal advisory board member), Nathan Lewin, represented kosher consumers who intervened in the case. The court dismissed the challenge and upheld the law. On appeal the U.S. Supreme Court affirmed the dismissal. Consequently, Jewish ritual slaughter in the U.S. is safeguarded today on the grounds that it is a humane form of animal slaughter.

Unfortunately, the ECJ’s decision impeding Jewish ritual slaughter in Belgium is but one of a growing number of obstacles to the continuity of Jewish life in Europe. Bans on the practice of non-medical circumcision are gaining traction in countries throughout Europe. The Danish Parliament is set to vote on whether or not to allow non-medical circumcision. Similar legislation is expected in Finland and Belgium. Legislators and activist groups in other European countries – including Iceland, Germany and Sweden – have tried to institute similar bans impeding the Jewish ritual of circumcision.

By hindering and prohibiting Jewish religious practices, from kashrut to circumcision, Europe is becoming an increasingly hostile and unlivable place for Jews. As the Israeli Foreign Ministry stated, the ECJ’s recent ruling “signals to the Jewish communities that they aren’t wanted in Europe.”