The Heter Get contained all of the allegations and conclusions set forth in the Heter, including the fraudulent and defamatory accusations against plaintiff . On numerous occasions defendants refused to give plaintiff a copy of the Heter . The idea that church and state should be separated is deeply embedded in the foundations of this country. US Constitution, First Amendment. The first is absolute but, in the nature of things, the second cannot be.
Conduct remains subject to regulation for the protection of society.
Avitzur, supra, held that courts are not foreclosed from settling a dispute between a husband and wife pursuant to a Ketubah, the Jewish marriage contract, despite the religious nature of the Ketubah. In the instant case, plaintiff's claims can, in fact, be resolved by applying neutral principles of law rather than by applying religious doctrine. Defendants' argument that the nature of plaintiff's claims is so intertwined with religious doctrine that a secular court is barred from exercising jurisdiction is not supported in the cases. Certainly, where clergy members are charged with intentional torts, liability may be imposed. Plaintiff's complaint alleges common law torts and a breach of contract, not violations of Jewish law.