Shaare Tefila Congregation v. Cobb

Shaare Tefila Congregation v. Cobb
Supreme Court of the United States
Decided May 18, 1987
Full case nameShaare Tefila Congregation v. Cobb
Citations481 U.S. 615 (more)
Holding
Jewish people can file racial discrimination suits.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · John P. Stevens
Sandra Day O'Connor · Antonin Scalia
Case opinion
MajorityWhite, joined by unanimous
Laws applied
Civil Rights Act of 1866

Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987), was a United States Supreme Court case in which the Court held that Jewish people can file racial discrimination suits.[1] Under the terms of the decision, ethnoreligious groups, those that share a common ancestry and religious identity, could pursue actions for racial discrimination, a change that allows Jews — as well as Arabs and Sikhs, among others — to use existing civil rights laws.

The case involved a 1982 incident in which a group of eight vandals spray-painted antisemitic slogans, a swastika and Ku Klux Klan symbols on a synagogue in Silver Spring, Maryland. In addition to pursuing criminal prosecutions of the vandals, the congregation sought monetary compensation under civil rights laws for damages caused in the acts of racial discrimination. Lower courts had ruled that the actions were a form of religious discrimination not covered by the Civil Rights Act of 1866.

Background

Vandalism and criminal convictions

Originally established in Northeast Washington, D.C., the Conservative Jewish Shaare Tefila Congregation moved to Silver Spring, Maryland, in the 1940s. John William Cobb, described as a white supremacist, was one of a group of eight who targeted the synagogue on November 1, 1982.[2][3] The vandals spray-painted antisemitic graffiti on the walls of synagogue and criminal prosecutions were sought for the individuals who participated in the incident. Michael David Remer, one of the participants, was convicted and faced up to three years in prison and a fine of $2,500 for his actions including spray-painting a swastika on the synagogue wall. Irvin Shappell of the Jewish Advocacy Center cited the conviction as evidence of the community's determination to "fight back" against such incidents. The Maryland state's attorney described the case as one of few convictions in the county court system for such acts.[4] One other person was convicted among the eight persons arrested.[5]

Civil rights litigation

In addition to the criminal convictions, the congregation sought monetary damages from the perpetrators under the terms of laws including the Civil Rights Act of 1866 and the 1871 Ku Klux Klan Act, which permit relief for actions taken based on race or color, though they do not explicitly include religious-based hate crimes.[3] The synagogue filed suit to recoup the $3,000 it spent to remove the graffiti and requested that any monetary compensation awarded in excess of that amount be distributed to the Montgomery County Human Relations Commission.[3]

In March 1986, judge Norman Park Ramsey of the United States District Court for the District of Maryland indicated that he was sympathetic to the synagogue's efforts to seek redress, but rejected the suit under racial discrimination laws, as Jews are not a "distinct or recognizable 'race' and are not 'commonly identified as such.'".[6][3]

In a 2–1 decision issued in October 1986, the United States Court of Appeals for the Fourth Circuit ruled that Jews were part of the white race and that the congregation was thus ineligible to pursue compensation under civil rights law because they do not constitute a distinct non-white race.[5][7] Judges Kenneth Keller Hall and Francis Dominic Murnaghan Jr. voted in the majority, stating that "we do not find the position of Jews in this society to be analogous to that of Mexican-Americans or others commonly considered to be non-whites." Judge J. Harvie Wilkinson III issued a dissent, in which he said that the individuals who attacked the synagogue did so because they believed that Jews were a separate race[8] and that the intention of the Civil Rights Act of 1866 and the Ku Klux Klan Act of 1871 were to "halt the spread of violence and hatred by those motivated by such perceptions."[3][9]

Supreme Court

The congregation's attorney argued before the United States Supreme Court in February 1987 that the vandals had acted out of a belief that Jews were non-whites and thus the act constituted racial discrimination, while the attorney who represented one of the vandals argued that their acts were an attack made on a religious basis and were therefore not covered by the civil rights legislation.[5]

In May 1987, the Supreme Court ruled unanimously in their favor, allowing the suit against the vandals to be filed on the basis of racial discrimination under post-Civil War laws, including 41 U.S.C. Section 1982, based on an analysis that Jews were considered to be a distinct race when the laws were adopted and that such actions would be within the purview of the civil rights laws. In the decision, Justice Byron White stated "Jews can state a Section 1982 claim of racial discrimination since they were among the peoples considered to be distinct races and hence within the protection of the statute at the time that it was passed." regardless of changes in perceptions of racial identity that had taken place since.[3][10] The court held that this racial identification would apply to discrimination to Arabs, as well as Jews, if they had been targeted based on their ethnicity.[11]

Later developments

In December 1988, after the case had been remanded to a district court, the congregants felt that had established their goal of demonstrating on a judicial basis that antisemitism is "a civil rights issue." They released their claims against the vandals in exchange for a letter of apology and $300 that were used to repay the congregation's insurer.[3]

See also

References

  1. ↑ Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987)
  2. ↑ Newgent, Mattie. "Shaare Tefila: choosing dignity over hate", Mitzpeh, February 18, 2026. Accessed August 18, 2026.
  3. 1 2 3 4 5 6 7 Marcus, Kenneth L. "The Landmark Case Of Shaare Tefila v. Cobb", The Federalist Society, January 24, 2024. Accessed August 14, 2026. "On November 1, 1982, eight vandals spray-painted the Jewish Conservative Shaare Tefila Congregation in Silver Spring, Maryland, with messages such as 'Death to the Jude,' 'Death to the Jews,' and 'In, Take a Shower, Jew.' Resisting the initial impulse simply to remove the graffiti—so as not to bring additional attention to their misfortune—congregants decided to involve the surrounding community in the process of cleaning their institution. Then they contemplated a more momentous task: the use of litigation, based on statutes that bar racial but not religious discrimination, to set a precedent that could protect Jewish Americans from subsequent civil rights violations."
  4. ↑ via Associated Press. "Vandalism acts prosecuted", Hanover Evening Sun, June 16, 1983. Accessed August 16, 2026, via Newspapers.com. "The jurors deliberated less than two hours before returning the guilty verdict against Michael David Remer, of Ellicott City, Md., for defacing the Shaare Tefila Synagogue with anti-Semitic symbols and slogans.... The conviction was described as of the few successful prosecutions in the nation for acts of anti vandalism by Irvin N. Shapell, president of the Jewish Advocacy Center in Washington. State's Attorney Andrew Sonner also said it was the first prosecution and conviction in memory for such a crime in the county's Circuit Court system. Shapell said the conviction will make the public aware that the community will "fight back" in desecration cases."
  5. 1 2 3 "Vandalism of Synagogue Was Racist, Shul's Lawyer Tells Supreme Court", Jewish Telegraphic Agency, February 27, 1987. Accessed August 16, 2026. "Patricia Brannan, a Washington lawyer, said that the eight men who sprayed swastikas and anti-Semitic slogans on the Shaare Tefila Congregation synagogue in Silver Spring, Md., on Nov. 1, 1982, acted because they considered Jews to be non-whites. However Deborah Garren, a Baltimore lawyer representing one of the vandals, claimed that while the act was one of religious discrimination it was not racist as defined by federal civil rights laws adopted in 1866. Shaare Tefila, a Conservative congregation, was defaced with swastikas and other Nazi symbols and such slogans as 'Death to the Jude.'"
  6. ↑ Arocha, Zita. "Synagogue's Suit Denied", The Washington Post, March 11, 1986. Accessed August 18, 2026. "U.S. District Judge Norman P. Ramsey of Baltimore ruled that the lawsuit did not fall within the scope of the civil rights laws."
  7. ↑ via Associated Press. "Top court to decide Jews' role in bias law", Courier News, October 7, 1986. Accessed August 18, 2026, via Newspapers.com. "The Supreme Court, agreeing to decide whether race may involve more than skin pigment, will determine whether federal civil rights laws aimed primarily at helping blacks should protect Jews and Arabs against discrimination.... Vandals wrote 'Dead Jew' and 'Death to the Jude' and painted swastikas, a skull and crossbones and Ku Klux Klan symbols on the outside of the building.... But last March, the 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled that federal civil rights laws do not apply to Jews because they are not a separate race but are part of the white race."
  8. ↑ McAllister, Ray. "Discrimination against Jews not racial, 4th Circuit sats", Richmond Times-Dispatch, March 11, 1986. Accessed August 18, 2026, via Newspapers.com. "Judges Kenneth K. Hall and Francis D. Murnaghan Jr. wrote that they found nothing in the race discrimination law or its history to suggest it "was intended to apply to situations in which a [person or group bringing a suit] is not a member of a racial distinct group but is merely a perceived to be so by defendants. 'We do not find the position of Jews in this society to be analogous to that of Mexican-Americans or others commonly considered to be non-whites.' To rule otherwise would allow lawsuits 'to arise out of nothing more than the subjective, irrational perceptions of defendants.' The third member of the panel, J. Harvie Wilkinson III, dissented. He agreed with the congregation that the Jews were treated the way they were because the eight men deemed Jews to be a separate race."
  9. ↑ Cohen, Naomi W. "Shaare Tefila Congregation v. Cobb: A new departure in American Jewish defense?", Jewish History, March 1988. Accessed August 18, 2026.
  10. ↑ Rosenberg, Yair. "Who Is a Jew? California Considers a Small Box With Big Implications.", The New York Times, August 13, 2026. Accessed August 14, 2026. "In 1982, a Maryland synagogue was vandalized by white supremacists. In response, the congregation sued the perpetrators under federal civil rights law. Its claims were initially dismissed by the lower courts. But in 1987, in Shaare Tefila v. Cobb, the Supreme Court unanimously reversed those decisions and ruled that Jewish people had the right to sue on grounds of racial discrimination."
  11. ↑ Taylor, Stuart Jr. "High Court Holds 1866 Race-Bias Law Is A Broader Tool", The New York Times, May 19, 1987. Accessed August 16, 2026. "In a significant expansion of Federal civil rights protections, the Supreme Court ruled unanimously today that Arabs, Jews and members of other ethnic groups may sue under a post-Civil War law's broad prohibition against discrimination."

Further reading

  • Evren, Lisa Tudisco (1986). "When is a race not a race: Contemporary issues under the Civil Rights Act of 1866". New York University Law Review. 61 (5): 976–1002.
  • Celichowski, Christopher E. (1987). "Racial discrimination under 42 U.S.C. § 1982: Proof or perceptions?". Law and Inequality: Journal of Theory and Practice. 5 (1): 161–186.
  • Di Lisi, Richard A. (1988). "Justice White mixes more than just color to create new shade of racial protection". Case Western Reserve Law Review. 39 (4): 1343–1370.
  • Redmond, Jennifer Grace (1989). "Redefining race in Saint Francis College v. Al-Khazraji and Shaare Tefila Congregation v. Bobb: Using dictionaries instead of the Thirteenth Amendment". Vanderbilt Law Review. 42 (1): 209–232.
  • Glauz-Todrank, Annalise E. (2010). Jewish Identity Between 'Religion' and 'Race' in Shaare Tefila Congregation v. Cobb (Ph.D. thesis). University of California, Santa Barbara.
  • Glauz-Todrank, Annalise E. (2014). "Judging and protecting Jewish identity in Shaare Tefila Congregation v. Cobb". In Greenspoon, Leonard J. (ed.). Who Is A Jew? Reflections on Religion, History, and Culture. Purdue University Press. JSTOR j.ctt6wq61q.8
  • Glauz-Todrank, Annalise E. (2020). "Jewish critical race theory and Jewish 'religionization' in Shaare Tefila Congregation v. Cobb". In Crane, Jonathan K. (ed.). Judaism, Race, and Ethics: Conversations and Questions. Penn State University Press. ISBN 978-0-27-108669-9.
  • Glauz-Todrank, Annalise E. (2022). Judging Jewish Identity in the United States. Bloomsbury Publishing. ISBN 978-1-66-692304-9.
  • Text of Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987) is available from: Cornell Findlaw Internet Archive (docket files) Justia
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