Home -> Law Blog Directory -> Religion & Law Blogs -> Religion Clause

Religion & Law

: Religion Clause

Westhampton Eruv Supporters File Arguements In Response To Opposition

By Howard M. Friedman

On Oct. 19, attorneys for the Hampton Synagogue in Westhampton Beach, New York, filed a letter with the Village Board (full text) defending the constitutionality of their proposed eruv (symbolic enclosure of space). The letter comes in response to a memo filed with the Village Board earlier this month by opponents of the eruv. (See prior posting.) The synagogue's letter says that the important constitutional issue at stake is whether the issuance by a governmental body of a ceremonial proclamation, necessary in order that the eruv be valid, is a violation of the Establishment Clause. Citing prior case law, the letter argues that the proclamation poses no Establishment Clause problem:

Whether judged under the Lemon test or the endorsement test ... there is a secular purpose-allowing observant Jews to carry and push babycarriages and wheelchairs to the park or to the homes of friends . It does not advance any particular religion since it would not impose the Jewish religion on any other residents and ... the Village has taken action to accommodate the religious beliefs of other Village residents . Finally, there will be no entanglement since no further government approvals are necessary and the eruv will be constructed and maintained with no expenditure of public funds . Similarly, under the endorsement test ..., no reasonable observer would conclude that by issuing the proclamation, the Trustees are endorsing the practices of Orthodox Jews.

The letter further argues that refusing a petition to issue a proclamation validating the eruv would be a violation of the free exercise rights of members of the Hampton Synagogue. Hamptons.com yesterday reported on the synagogue's letter to Village trustees.

Full post as published by Religion Clause on October 22, 2008 (boomark / email).