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New York's No-Fault Divorce Law Did Not Infringe Wife's Religious Freedom
Religion Clause ^ | 2/27/21 | Howard Friedman

Posted on 03/04/2021 7:23:59 PM PST by marshmallow

In King v. New York, (ND NY, Feb. 26, 2021), a New York federal district court rejected a wife's contention that New York's no-fault divorce law violates the Free Exercise and Establishment Clauses by infringing her Christian religious belief that marriage is permanent and cannot be dissolved by the state. The court said in part:

... [A] finding that H. King must remain married against his will because of L. King’s religious convictions would defy all logic and reason, and create a much larger Establishment Clause issue than the one L. King argues exists today....

(Excerpt) Read more at religionclause.blogspot.com ...


TOPICS: Moral Issues; Religion & Culture; Religion & Politics
KEYWORDS: newyork; nofaultdivorce; romancatholicism
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1 posted on 03/04/2021 7:23:59 PM PST by marshmallow
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To: marshmallow

Even in biblical times there were well established valid reasons for divorce, that would be recognized by the spiritual bodies and the governments.

Shes not correct. Court ruling is a sound one.


2 posted on 03/04/2021 7:31:09 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Secret Agent Man

The ruling is correct but not for the reasons you state -

Government marriage is not religious marriage.

Now if her church allowed it then she should take it up with the church elders - but the state has total jurisdiction over how the government handles its “marriage” by its laws.


3 posted on 03/04/2021 7:38:58 PM PST by Skywise
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To: marshmallow
And Pharisees came up to him and tested him by asking, “Is it lawful to divorce one’s wife for any cause?” He answered, “Have you not read that he who made them from the beginning made them male and female, and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one’? So they are no longer two but one. What therefore God has joined together, let not man put asunder.” They said to him, “Why then did Moses command one to give a certificate of divorce, and to put her away?” He said to them, “For your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so. And I say to you: whoever divorces his wife, except for unchastity [porneia], and marries another, commits adultery; and he who marries a divorced woman, commits adultery.”

--Matthew 19:3-9

4 posted on 03/04/2021 7:42:45 PM PST by fidelis (Zonie and USAF Cold Warrior)
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To: fidelis

Matthew is right. But that has nothing to do with the law. If you got married by the state and the state is your god then the state does not need to hold your marriage together. But if you get married by God and you wish to do what God wants, then you should stay married even if your husband leaves you. Jesus says this in every Gospel.


5 posted on 03/04/2021 7:52:23 PM PST by poinq
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To: Secret Agent Man

She has never heard of a Jewish Get?

Your marriage within your religion is independent of your civil one.

If the State REQUIRED a religious marriage (patently impossible) then this action could, at best, sever them.

Dumb lawsuit. It also attempts to trample on the rights of the husband.


6 posted on 03/04/2021 7:56:59 PM PST by freedumb2003 (No matter what, resist and stop the agenda of blow bidet and hairass the whore)
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To: poinq

How many people are dead (murdered) because of your Neanderthal view that marriage entitles spousal ownership of the other for life. Abuse? so what? Adultery? Big deal. Get beat up, kidnapped at the point of a shortgun (the worst of my many experiences), — your life belongs to another human being.
Bondage was approved in the Bible as well, and it seems you approve that for (mostly) women. Please go back to your cave and allow those of us who escaped death and worse — a living death — at the hands of our husbands (and husbands who escaped death at the hands of their wives) to live free of the punishment God saves for those who are actually guilty.


7 posted on 03/04/2021 8:20:08 PM PST by WhattheDickens? (Funny, I didn’t think this was 1984…)
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To: WhattheDickens?

Who are you fighting with?


8 posted on 03/04/2021 8:25:47 PM PST by poinq
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To: Secret Agent Man

Court ruling protects the corrupt lawyers and judges money train !


9 posted on 03/04/2021 9:26:37 PM PST by Pikachu_Dad ("the media are selling you a line of soap)
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To: WhattheDickens?

The Bible allows for self-defense.


10 posted on 03/04/2021 9:53:51 PM PST by Az Joe (Congress got less than it deserved on January 6th)
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To: Az Joe

The Bible also allows for the death penalty but most Christians are against it.


11 posted on 03/04/2021 10:06:38 PM PST by zaxtres (`)
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To: Skywise

Well, she isn’t correct as well.

Religious/biblical marriage has always had a number of reasons why divorce could occur. Infidelity, abandonment, one spouse trying to murder the other. Withholding of affection/intimacy, a form of emotional and sexual abuse.


12 posted on 03/04/2021 10:34:41 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: zaxtres

Huh?!

What are you talking about?


13 posted on 03/04/2021 11:21:25 PM PST by Az Joe (Congress got less than it deserved on January 6th)
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To: Az Joe

Self defense includes defense of the whole self: mind, body, and spirit.

Marriage is intended to make two bodies one, but sin is a reality. One person can and often does break that bond, and the God-intended one body of the two no longer exists.

To force one person to live as if it did, to condemn one person’s body to lifelong control, to punish one person for another person’s sin, is never God’s way.

If you support lifelong abstinence for all those abandoned by their spouses, please show me where the New Testament supports enslaving/punishing/imprisoning one person’s body for someone else’s sin.


14 posted on 03/05/2021 7:21:23 AM PST by WhattheDickens? (Funny, I didn’t think this was 1984…)
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To: poinq

Re: “Who are you fighting with?”

I take issue the person who claims that the New Testament forbids remarriage in all instances and calls it a sin, even when the “one body” of the marriage no longer exists. If one of the two people threatens to kill the other, abuses them, abandons them for another relationship, etc, the one body has been cleaved in two.

Claiming that the God requires abused or abandoned spouses live the rest of their lives as if the marriage still existed is enslavement.


15 posted on 03/05/2021 7:32:40 AM PST by WhattheDickens? (Funny, I didn’t think this was 1984…)
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To: WhattheDickens?

“...please show me where the New Testament supports enslaving/punishing/imprisoning one person’s body for someone else’s sin.”

For the sake of argument, off the top of my head:

“If someone slaps you on the right cheek...”, “...better to suffer the wrong”, much of 1 Pet chapter 2...


16 posted on 03/05/2021 7:40:12 AM PST by OHelix ( )
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To: WhattheDickens?

You can stop talking after “the New Testament forbids remarriage”, it does, four times. Do what you wish. The bible is clear on the point. I am not here to judge you. And you should not care what I think. But the bible does not say that you have to stay inside good marriages and are allowed to leave bad ones. Write your own bible if you wish. There are lots of unfair situations in life. There are lots of unpopular situations. There are lots of dangerous and uncomfortable situations. How you deal with them is up to you. God will judge, not us.


17 posted on 03/05/2021 8:33:27 AM PST by poinq
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To: marshmallow

She and her church can still regard the marriage as being in effect.

But under the LAW, her husband’s legally-enforceable financial obligations towards her are now what the divorce settlement says.

Their Church remains free to decree what they wish. Their decree, however, carries no legal effect which the State is obliged to recognize.


18 posted on 03/05/2021 8:39:03 AM PST by PapaBear3625 ("Those who can make you believe absurdities, can make you commit atrocities." -- Voltaire)
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To: WhattheDickens?

Nothing you are saying has anything to do with what I said.


19 posted on 03/05/2021 8:41:47 AM PST by Az Joe (Congress got less than it deserved on January 6th)
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To: Az Joe

Go back and read the thread.


20 posted on 03/05/2021 10:09:41 AM PST by zaxtres (`)
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