Becher v. Becher
New York Supreme Court, Appellate Division -- Second Department

INTEREST OF THE AMICUS CURIAE

The Union of Orthodox Jewish Congregations of America ("UOJCA") is the largest Orthodox Jewish umbrella organization in the United States. The UOJCA represents over 700 synagogues throughout the United States, which collectively represent hundreds of thousands of individual Jews. The Institute for Public Affairs of UOJCA (the "IPA") is the department of the UOJCA that represents the organiza-tion and its constituency on matters of public policy. The IPA researches public policy issues, provides educational briefings to government officials, and informs its member-ship of current issues relevant to the Orthodox Jewish community. The IPA also participates in various federal and state litigations, largely through the submission of amicus briefs that relate to matters of concern to the Orthodox Jewish community.

The IPA has a significant interest in the ques-tions presented in this case because the laws challenged by defendant-appellant Yehuda Becher ("Defendant-Appellant"), New York Domestic Relations Law ("D.R.L.") '' 236(B)(5)(h) and (6)(d), are but one of many instances in which the New York legislature has sought to enact legislation that protects the interests of the state in general and its Orthodox Jewish citizens in particular. While the IPA acknowledges the differences among rabbinic authorities as to whether a religious divorce given to avoid the consequences of the challenged state statutes is valid under Jewish law, and takes no position with regard to those differences, the IPA and its constituency have a deep and abiding interest in the implications of Defendant-Appellant's constitutional challenge. It is the firm belief of the IPA that it is entirely appropriate and constitu-tional for the State of New York through its statutes and regulations to promote state public policies that at the same time protect the rights and interests of the state's Orthodox Jewish residents. D.R.L. '' 236(B)(5)(b) and (6)(d) are but one example of the legislature's attempt to promote the interests of the State and the Orthodox Jewish community as the state understands those interests to be. There-fore, the IPA submits this brief in support of the constitutionality of the statutes and the ability of the State of New York to enact laws such as those challenged in this case.