By Donald H. Harrison

SAN DIEGO, Calif.—That endlessly fascinating question of "what is 'Jewish'?" may be debated again tomorrow (Feb 14)  in a federal appeals court in Pasadena, California, as part of a case dealing with whether the City of San Diego may provide a preferential lease in Balboa Park to the Boy Scouts of America.

Opponents to the city's continuing practice of  leasing an 18-acre campgrounds to the Boy Scouts contend it is a religious organization because scouts are supposed to pray, are not allowed to be atheists, and there is a ban for religious/ moral reasons against homosexuals becoming members.  The Boy Scouts have responded that although a belief in God is one component of Scouting, the organization is not, per se, a "religious" organization.  And besides, they argue, the city leases land to other "religious" organizations, in particular the Lawrence Family Jewish Community Center, a facility that was built on city-owned land in the eastern portion of La Jolla.

M.E. Stephens argued successfully in behalf of the ACLU against the Boy Scouts when the case was decided in 2003 in San Diego by U.S. Dist. Court Judge Napoleon Jones.  Reporter Greg Moran quotes her on the issue in a story this morning's San Diego Union-Tribune: "The JCC does not deny access to the property or services they provide based on taking an oath to the Jewish faith.  When you get there you don't have to put on a yarmulke and say shalom, but with the Boy Scouts you do."

Well, Stephens didn't mean that the Boy Scouts actually are saying shalom and wearing kippot but rather that they wear uniforms and have special oaths which they must swear.  At the JCC, all you have to do to join is to plunk down your money—which numerous non-Jews do on a regular basis in order to use the center's excellent sports facilities including a gym, tennis courts, and swimming pool.

Apparently what the attorneys for the Boy Scouts don't understand is that you don't have to be religious to be Jewish.  While "Judaism" is a religion, the state of being "Jewish" goes far beyond that.  One need only look at the Humanistic Jewish Congregation of San Diego, which is proudly Jewish but which rejects a belief in God.  The group's symbol is a "Humanorah," which is a menorah with a human being at its center. So what makes them Jewish, if not their religion?  Indeed, what is "Jewish"?

This question often leads to an interesting analysis of alternatives.  Are we Jews a nationality?  Well, of course not.  
All one need do is look to see that there are Jews who are fully participating citizens in many different nations.  The United States.  Israel. Mexico. Canada. France. Germany.  Russia. Australia. New Zealand. In fact, practically any country where non-state religions are tolerated.

Well, are we Jews a racial group?  No, we're not that either.  We come in all colors.  There are the Ethiopian Jews, who are black; the European Jews, who are white; and the Sephardic and Yemenite Jews who are somewhere in between. There also are Asian Jews.

Well, are Jews adherents to some philosophy?  Not on your life.  We Jews enjoy a variety of opinions on almost every issue. 

Modern sages like Mordecai Kaplan suggested the answer is that we Jews are a "people" whose "identity" transcends our religion, our nationality, our race and our philosophy.  People who are quite different—be it a haredi Jew praying at the Wall in Jerusalem, or a secular Jew swimming at the Lawrence Family JCC—all can be said to be members of the Jewish people.

Some groups greatly expand these definitions, but at a minimum there is agreement that a Jew is a person whose mother was Jewish, and who has not formally converted to another religion.  The Jewishness of people falling outside these two categories is a matter of debate.  For example, the Reform movement says you can be Jewish if either one of your parents is Jewish if you are raised as a Jew.  Other movements have not accepted the concept of paternal descent.  The Orthodox believe non-Jews can become Jews only  if they are converted according to Jewish law, halacha,  as interpreted by the Orthodox.  Other movements say non-Jews can become Jews via non-Orthodox conversions.  The nation of Israel, which grants the right of "return" to any Jew, accepts non-Orthodox conversions, provided they are performed in other countries. In Israel itself, only Orthodox conversions are acceptable.

So, who can blame the attorneys for the Boy Scouts for being confused?