The Divorce Blog has previously detailed a Maryland divorce bill which would require Jewish men to remove all religious barriers for their ex-wives to remarry outside the faith. A story in today’s Baltimore Sun details that after much debate, the state Senate has moved closer to passing this legislation which requires Jewish men filing for divorce or not contesting one to sign an affidavit saying they would not pose religious opposition to remarriage. The Senate gave its initial approval with a 35-10 vote. A final vote is expected sometime this week.

The story says that this Maryland divorce legislation prompted a spirited discussion about the separation of church and state. Under Jewish law, a man must grant his wife a divorce decree or “get” in order for her to get remarried. In some instances, men will hold this religious power over the heads of their wives in order to get better custody and visitation rights. If a Jewish women does not receive the get, she is considered an agunah or chained woman, and can not remarry. The story added that this problem often affects Orthodox Jews, who are the most strictly observant.

Senator Rona E. Kramer argued that the state should not legislate religious doctrine, which she claimed this divorce bill would essentially do. Senator Lisa A. Gladden helped sponsor this divorce legislation, and said that it would promote equality for Jewish women who are divorcing and prevent men from using their religious power to their advantage throughout the divorce process.

Gladden added that this legislation was not about religion but rather fairness, an argument which Kramer disagreed with. Kramer countered that the matter is religious because it’s not the state of Maryland but rather Jewish men who are not giving women divorces. After the bill’s initial approval, Gladden and Kramer shared a laugh about their viewpoints. Gladden, a proponent of this bill, is a Southern Baptist, and Kramer, an opponent, is a Conservative Jew. We’ll keep you updated on the latest developments with this Maryland divorce bill.

This entry was posted on Thursday, March 15th, 2007 at 10:17 am and is filed under Divorce Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.