RE: Can religious and secular courts exist in the same nation?

2008-11-20 Thread Paul Finkelman
Here is a possible example that supports Doug`s position. There was a case in Illinois some years ago in which a Jewish couple married at an Orthodox synagogue (where the wife`s father attended) but niether was orthodox. The wife then became orthodox and the changing religious values led to

RE: Can religious and secular courts exist in the same nation?

2008-11-20 Thread James Maule
I have heard two anecdotes, but know of no reported decision, involving a similar situation in Roman Catholic canon law proceedings for an annulment. The pattern was the same. A Roman Catholic marries a non-Catholic in a Roman Catholic ceremony, with appropriate dispensation (which includes

RE: Enforcing contracts to submit to religious authority

2008-11-20 Thread Judith Baer
Eugene wrote: Consider the following: Say that an actor agrees to star in a movie two years hence. He then undergoes a religious conversion, and concludes that participating in the movie would be against God's will, perhaps because the movie involves too much sex, nudity, alcohol, irreligion,

Re: Can religious and secular courts exist in the same nation?

2008-11-20 Thread Vance R. Koven
This is an interesting wrinkle, but I don't see how submitting to the religious courts for the adjudication of a particular dispute constitutes the prevention of conversion. If A and B, being both citizens and residents of France, enter into a contract with an arbitration clause that applies

Re: Can religious and secular courts exist in the same nation?

2008-11-20 Thread ArtSpitzer
In a message dated 11/19/08 2:38:57 PM, [EMAIL PROTECTED] 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

Re: Can religious and secular courts exist in the same nation?

2008-11-20 Thread Douglas Laycock
I have gradually come round to the view that state recognition of marriages performed by religious authority is problematic too, but not for the same reasons as divorce. The marriage is consensual, and the choice of who is to perform the marriage is consensual; neither spouse is being coerced