28 | MARCH 12 • 2020 

Jews in the D

continued from page 26

Attorney General’
s office 
had learned about Kosher 
Michigan during the legal 
proceedings and suggested 
MDOC contract with it. 
“
After receiving notice, 
plaintiffs have an opportunity 
to inspect the kitchens with 
their own expert. Instead of 
coming out to inspect the 
kitchens, plaintiffs’
 counsel 
filed a motion to enforce the 
settlement agreement,” Gautz 
said.
But Manville argued in the 
motion that kosher certifica-
tion from a Conservative rabbi 
does not comply with the set-
tlement agreement because the 
plaintiffs are Orthodox Jews.
Manville is asking the court 
to issue an order that “certi-
fication from a Conservative 
rabbi will not accommodate 
plaintiffs’
 sincere, Orthodox 
Jewish beliefs and continues to 
impose a substantial burden 
on their beliefs.” 
Manville argues that the 
plaintiffs’
 Orthodox beliefs rely 
exclusively on the Shulchan 
Aruch (Code of Jewish Law) 
and require a qualified mash-
giach tmidi (continuous kosher 
supervisor) during kosher-sen-
sitive production, rather than 
the Magen Tzedek protocols 
established by prominent lead-
ers of Conservative Judaism. 
Kosher Michigan follows 
Magen Tzedek in its certifica-
tion process, according to its 
website. 
Miller objected to Manville’
s 
argument. 
“The claim that a non-Or-
thodox rabbi cannot establish 
a facility or product as cer-
tified kosher is completely 
unfounded in Jewish law and 
is used as an unfair business 
practice to maintain a monop-
oly in the kosher-certification 

industry by a handful of estab-
lished kosher-certification 
agencies,” Miller told the JN. 
He declined further comment 
due to the pending litigation. 
(Miller is also a JN contribu-
tor.)
MDOC maintains it has 
held up its end of the settle-
ment. “The word ‘
Orthodox’
 
does not appear anywhere in 
the document and was not 
negotiated by the parties,” 
Gautz said.
But Manville said that 
when he received notice from 
MDOC that several of its 
facilities had been certified by 
Kosher Michigan, the plain-
tiffs’
 expert, an Orthodox 
rabbi, said it would be futile to 
inspect a kitchen that had not 
been certified by an Orthodox 
rabbi. 

WHAT COMES NEXT?
A hearing on the motion will 
be scheduled later this month, 
after MDOC has had a chance 
to respond and the plaintiffs’
 
attorney gets the chance to 
counter their response. 
Manville wrote in the 
motion that he realizes 
on-site supervision would be 
a daunting (and expensive) 
task for Michigan’
s prisons. 
But he believes the problem 
could easily be solved with 
pre-packaged kosher meals. 
He said he’
s willing to provide 
MDOC with a list of potential 
Orthodox food providers. 
“But if [MDOC] insists on 
certifying its kitchens, it must 
do so to Orthodox standards,” 
he wrote.
MDOC has until March 28 
to appeal the court’
s decision 
that Jewish prisoners should 
be provided meat and dairy 
kosher meals, Manville added. 

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