Join Meir Panim’s campaign to “light up” Chanukah for families in need.
As we went to press on Tuesday, we learned that the New York State Court of Appeals has ruled that a rabbi cannot be sued for having disclosed confidential information that a congregant gives him in a counselling session if the rabbi believes that religious law requires the disclosure.
At issue was whether a New York law which establishes the so-called “priest-penitent” privilege ? which protects a clergyman from having to testify in court as to information imparted to him in his official capacity ? could be invoked by the congregant if the clergyman disclosed the information outside of court because he believed religious law required the disclosure. According to court documents, the particular information bore directly on some fundamentals of the marital relationship which the rabbi believed he had an obligation under Jewish law to disclose.
The unanimous decision of the court was that under these circumstances a lawsuit would require a secular court to decide the rabbi's obligations under Jewish law ? something secular courts could not do consistent with the First Amendment's free exercise of religion clause.
A spokesman for The National Jewish Commission on Law and Public Affairs (COLPA), hailed the decision one that will facilitate the willingness of rabbis to engage in pastoral counselling in accordance with Jewish law without fear of being sued for following its requirements. COLPA filed a brief in the case on behalf of 7 national Orthodox Jewish organizations urging the result reached by the court. The brief was written by noted constitutional lawyer, Nathan Lewin.
The decision is an important one and we will have more to say next week.
About the Author:
If you don't see your comment after publishing it, refresh the page.
Comments are closed.
Why does the Times relay different motivations and narratives for jihadists in Europe and Israel?
To defeat parasites-the hosts of terrorists-we need to deny them new people, potential terrorists
Combating Amalek doesn’t mean all who disagree with you is evil-rather whom to follow and to oppose
There was a glaring void in the President’s State of the Union speech: Israel.
Let’s focus not on becoming an ATM for that little bundle of joy, but on what you can save in taxes.
Since the passing of the Governance bill legislation on March 11, 2014, new alignments have become to appear in Israeli politics.
Israel has some wild places left; places to reflect and think, to get lost, to try to find ourselves
The British government assured Anglo-Jewry that it is attacking the rising levels of anti-Semitism.
Obama’s Syrian policy failures created the current situation in the Golan Heights.
Our journey begins by attempting to see things differently, only then can we be open to change.
Despite Western ‘Conventional Wisdom&PC,’ the Arab/Israeli conflict was never about the Palestinians
Confrontation & accountability, proven techniques, might also help dealing with religious terrorists
In fact, wherever you see soldiers in Paris today, you pretty much know you’re near Jewish site
Inspired by the Perek Shira pasuk for “small non-kosher animals” we named the bunny “Rebbetzin Tova”
In this particular case, the issue was whether the Arkansas prison system could prohibit, for security reasons, a devout Muslim’s maintaining a beard of a certain length as a matter of religious practice.
Despite the president’s respectable anti-terrorism record, he doubtless has little interest in being identified with anything that might suggest, however tangentially, criticism of Muslims or Islam.
One wonders what connection that rejection has with turning to the ICC, which would allow the Palestinians to bring war-crime charges against individual Israelis and is certainly one more step away from seeking a negotiated settlement.
In the NPR interview, Mr. Obama said Iran could become a “very successful regional power” if it agreed to a long-term nuclear deal.
Thus, despite the increasingly serious problems for the mayor arising out of the current anti-police protests, Mr. de Blasio apparently will be cut no slack by those who seem to be aiming for a significant role in running the city from the streets and who will do whatever they can to prevent their momentum from ebbing.
Despite strong pressure to throw the book at the accused, Mr. Thompson allowed him to plead guilty to assault.
Printed from: http://www.jewishpress.com/indepth/editorial/appeals-court-rules-rabbi-cannot-be-sued-for-disclosing-confidential-information/2001/12/28/
Scan this QR code to visit this page online: