Failure to give wife a religious divorce as aggravating characteristic justifying a longer criminal

[Paul Finkelman]

Self-servingly, while old, this article I think is till accurate

Paul Finkelman "A Bad Marriage:  Jewish Divorce and the First
Amendment," Cardozo Women's Law Journal, 2 (1994) 131-172.

My own view is that the "get laws" in NY and elsewhere are flagrantly
unconstitutional as violation of both free exercise and establishment
clauses.   As far as I know the get laws are the only statutes in this
country that require someone to perform a religious act and go through a
religious ceremony in order to get a civil benefit that people of all
other faiths are allowed to received without going through any ceremony
or religious event.  

Paul Finkelman

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
pfink at albanylaw.edu

>>> VOLOKH at law.ucla.edu 5/29/2007 4:19:44 PM >>>
Any thoughts on what the right answer would be if this had happened in
the U.S.?  This raises similar issues to those brought up by "gotta
give
a get" laws that have been litigated in the U.S. (in New York and New
Jersey, I think).
 
http://www.canada.com/montrealgazette/news/story.html?id=2691bd38-5189-4

888-864f-5c7f543bbf89&k=86356
 

The Crown says a Montreal man's refusal to grant his Muslim wife a
Shariah divorce should be considered an aggravating factor when he is
sentenced Friday for stabbing her and their baby daughter....

The Crown has asked for a seven-year sentence, citing the refusal to
grant the Shariah divorce as an aggravating factor.

The defence has suggested a three-year sentence....