 
SHOULD THE COURTS ENFORCE AN AGREEMENT TO DIVORCE RELIGIOUSLY? A Jewish woman is suing her ex-husband for damages arising out of the fact that for fifteen years, he refused to give her a get – a Jewish divorce document. She claims that his refusal to divorce her religiously, despite his written undertaking to do so, denied her the opportunity to remarry within her faith and bring children into the world. The man claims that an Orthodox Jewish divorce entails a religious act and intention; therefore it is not for the civil courts to force him to participate in such an activity. The Quebec Court of Appeal ruled against awarding the damages, on the grounds that a civil court should not get involved in assessing an obligation to perform an act having a religious character. Intervening in the case, CCLA Special Counsel Andrew Lokan offered the Supreme Court an approach that would balance upholding civil obligations with the protection of religious freedom. According to the CCLA position, courts may get involved in such matters as long as the court is not required to determine matters of religious doctrine. Furthermore, while courts may award damages, CCLA has cautioned against more intrusive remedies (such as contempt and specific performance), as these could more directly infringe on freedom of religion. | CCLA In The Schools | Join Us | Feedback | Search | Other Interesting Sites | Home |
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