A Bad Marriage: Jewish Divorce and the First Amendment

Finkelman, Paul

Journal: Cardozo Journal of Equal Rights & Social Justice

Volume: 2

First Page: 131

Year: 1995

Bluebook Citation: 2 CARDOZO J. EQUAL RTS. & SOC. JUST. 131 (1995)

Author: Paul Finkelman: all 62 publications


Abstract

The article examines the legal and religious challenges faced by observant Jewish women unable to remarry due to their husbands' refusal to grant a "get," a religious divorce document, even after obtaining a civil divorce. It argues that state intervention to enforce the issuance of a get, such as through New York's Get Law, violates the First Amendment's establishment and free exercise clauses by entangling government with religious matters. The author advocates for solutions within the Jewish community, emphasizing the need to balance individual rights with religious freedom without government interference.

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