Tim Kaine, Democratic nominee for vice-president, recently visited the historic Touro Synagogue in Newport, Rhode Island. Jeshuat Israel, the congregation that is housed in the Touro Synagogue building, was recently in the news as a result of its winning a lawsuit against Congregation Shearith Israel of New York City. What was the dispute about?
Touro Synagogue by Matt Cloutier is licensed under CC BY-SA 2.0.
A. Shearith Israel was founded in 1654 and is the oldest congregation in the United States. The Touro Synagogue building was built in 1763, and is the oldest surviving Jewish synagogue building in North America. Shearith Israel sued Jeshuat Israel for marketing itself as the “Oldest Synagogue in America” based on the status of its building. Shearith Israel claimed that this infringed on its claim to be the oldest synagogue, based on the founding date of the congregation. A judge ruled in Jeshuat Israel’s favor, confirming that “synagogue” refers to the building, not the congregation, and therefore Jeshuat Israel can continue to say they are the “Oldest Synagogue in America.”
B. Touro Synagogue was established in 1763, but by 1776, most Jews had fled Newport as the Revolutionary War erupted. Some of the Jeshuat Israel members moved to New York and joined Shearith Israel, in the process taking with them the keys, Torahs, and Torah scroll rimonim (finials) from the Touro building. Shearith Israel eventually returned these items to Newport, but continued to claim ownership of them, preventing Jeshuat Israel from selling the valuable finials to raise funds to support the congregation. After a 4-year legal battle, a federal judge ruled Shearith Israel no longer had any legal trusteeship over the Newport congregation or building, and that Jeshuat Israel has the right to sell the finials.
C. Touro Synagogue was established in 1763, but by 1776, most Jews had fled Newport as the Revolutionary War erupted. At that time, Congregation Shearith Israel of New York took stewardship of the Newport synagogue’s Torah scrolls and other possessions, and continued to serve as trustee for the then-empty building in Newport. After the war, Jews returned to Touro Synagogue, though the New York congregation continued to act as trustees of Touro. In August of 1790, President George Washington visited Touro Synagogue as part of his effort to bring about passage of the Bill of Rights (including the First Amendment clause guaranteeing freedom of religion). Washington followed up with a letter, “To the Hebrew Congregation at Newport,” which is one of America’s most historic documents in support of religious freedom in America. The letter, which is still housed at Touro Synagogue, includes the statement, “May the children of the stock of Abraham who dwell in this land continue to merit and enjoy the good will of the other inhabitants—while every one shall sit in safety under his own vine and fig tree and there shall be none to make him afraid.” Shearith Israel sued Jeshuat Israel, the congregation that now operates in the Touro Synagogue building, claiming that they owned the letter and it belonged in their building in New York, as they were trustees of the synagogue at the time of Washington’s visit. A federal judge ruled in favor of the Newport congregation, however, stating that the document is part and parcel of the historic congregation in Newport, and that the New York congregation’s previous support of Touro did not confer ownership to them of this historic letter.
D. Rabbi Ezra Stein, the former rabbi at Shearith Israel, moved to Newport upon being hired as the rabbi of Jeshuat Israel. Shearith Israel sued, claiming that Rabbi Stein’s contract included a noncompete clause which prohibiting him from taking a pulpit within 200 miles of the Shearith Israel building. Lawyers for Jeshuat Israel successfully argued that the noncompete clause was not valid as the New York congregation is modern orthodox, while the Newport congregation is conservadox. Noncompete clauses cannot be enforced when the two jobs are sufficiently different. A federal judge ruled that because of the variations in practice and beliefs of the two congregations, the rabbi’s job would be sufficiently different to negate the noncompete clause.
E. The Board of Trustees of Jeshuat Israel needed to raise funds to support its operation, and as part of that effort, they sold a horse to Shearith Israel. After the delivery of the horse to the New York congregation, the president of Shearith Israel called the president of Jeshuat Israel and stated they had received a mule. “It was a horse,” responded the Jeshuat Israel president. “It was a mule,” countered the Shearith Israel president. “Horse,” the Jeshuat Israel president retorted. “Mule,” averred the Shearith Israel president. “Horse.” “Mule.” “HORSE!” “MULE!” Seeing no resolution, the case went to court, where a District Court Judge ruled that it was a horse, and that we should all live in simple peace and harmony.