conscientious objection in colonial america

• 'A Delicate Necessity': Bruker V. Marcovitz and the Problem of Jewish Divorce

In this article, we outline the case history starting with the decisions of the Quebec Superior Court and Court of Appeal, explain the questions that the majority and minority asked themselves in the Supreme Court of Canada, and conclude by analyzing that Court's decision and its implications for Jewish spouses and spouses of other religious minorities going through the divorce process. "15 This is also the theory behind Jewish divorce, and in the "vast majority"16 of cases, a get is freely given in accordance with that theory.\n"257 While some may view this as an example of the court unnecessarily interfering in matters of religion, such an approach may be necessary so as not to frustrate existing legislative provisions with respect to removing barriers to religious remarriage.258 As ...

... and the Jewish Theological Seminary of America .. as having authority .. to summon either party a...Under French colonial policy, local populations could continue to be sub... makes it hard to advance religious objections to granting a get. Thus, unsurprisingly, the Frenc..." as including "any religious or conscientious restraint or inhibition,"129 and the provision its...

• Canadian Journal of Family Law
• Vol. 24 Nbr. 2, July 2008