Legal Opinion
Avitzur v. Avitzur
New York Court of Appeals
Decided February 15, 1983PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
This appeal presents for our consideration the question of the proper role of the civil courts in deciding a matter touching upon religious concerns. At issue is the enforceability of the terms of a document, known as a Ketubah, which was entered into as part of the religious marriage ceremony in this case. The Appellate Division held this to be a religious covenant beyond the jurisdiction of the civil courts. However, we find nothing in law or public policy to prevent judicial recognition and enforcement of the secular terms of such an agreement. There should…
2Cases cited9 opinions
- Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
- Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969
- Jones v. WolfSupreme Court of the United States · 1979
- Bowmer v. BowmerNew York Court of Appeals · 1980
- Hirsch v. HirschNew York Court of Appeals · 1975
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3Cited by55 opinions
- First Presbyterian Church v. United Presbyterian Church in United StatesNew York Court of Appeals · 1984
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- DIAL 800 v. FesbinderCalifornia Court of Appeal · 2004
- Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Meshel v. Ohev Sholom Talmud TorahDistrict of Columbia Court of Appeals · 2005
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