Can religious and secular courts exist in the same nation?
ArtSpitzer at aol.com
ArtSpitzer at aol.com
Thu Nov 20 20:07:21 PST 2008
In a message dated 11/19/08 2:38:57 PM, laycockd at umich.edu writes:
> ... This is not a problem if both parties agree, after the dispute has
> arisen, to go to the religious court, and if both parties abide by the judgment.
> That is just a mechanism for voluntary dispute resolution; the government is
> not involved. But even in this situation, if the religious court grants a
> divorce that the state recognizes, we have gone beyond voluntary dispute
> resolution.
>
Why is it more problematic for the state to recognize a divorce decreed by a
religious authority than it is for the state to recognize a marriage decreed
by a religious authority? (Not a rhetorical question.)
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