Hebrew Union College claims Ohio’s charity law suit violates its First Amendment rights

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.