The United States Supreme Court has refused to hear as appeal by an Orthodox Jewish cemetery in Youngstown, Ohio, which sought to prevent a disinterment order. The Children of Israel Cemetery of Youngstown has, since May, 1963, resisted efforts by relatives to disinter the remains of Bertha Tamarkin Hoselov and her brother, Isadore Tamarkin, for reburial in Rodef Sholom Cemetery, operated by a Reform congregation.
Mrs. Hoselov was buried in 1934. Her brother was put to rest in the same cemetery in 1939. Relatives decided to remove the remains for reburial near next-of-kin. When the Orthodox authorities refused permission, a court case ensued, Ohio courts ruled in favor of the relatives, citing testimony of the rabbi of the Reform congregation that Jewish law permits reinterment “if the dead is to be reinterred among his own.” The Orthodox argument was that Jewish law prohibits removal of a body except under certain specific conditions Removal under circumstances pertaining in Youngstown, said the Orthodox spokesmen, would be “an insult to the soul.”
The relatives filed suit under the Ohio statute that compels cemetery managers to permit disinterment on application of the deceased’s next-of-kin. The Ohio Supreme Court upheld lower courts in the state. The Orthodox appeal for review was rejected, the court maintaining that no constitutional question was involved. In refusing to hear the case, the Supreme Court noted that it felt it had no jurisdiction.
The Archive of the Jewish Telegraphic Agency includes articles published from 1923 to 2008. Archive stories reflect the journalistic standards and practices of the time they were published.
