‘A Delicate Necessity’: Bruker v. Marcovitz and the Problem of Jewish Divorce

Canadian Journal of Family Law, Vol. 24, pp. 205-282, 2008

78 Pages Posted: 5 Oct 2011

See all articles by John C. Kleefeld

John C. Kleefeld

University of New Brunswick

Amanda Kennedy

University of New England (Australia) - School of Law

Date Written: 2008

Abstract

The authors use the Supreme Court of Canada's decision in Bruker v. Marcovitz as a lens for examining the problem of Jewish divorce, which pits two religious freedoms against each other: a man’s freedom not to grant a get or Jewish divorce to his wife, and his wife’s freedom to remarry according to the tenets of Judaism. The authors outline the case history starting with the decisions of the Quebec Superior Court and Court of Appeal, explain the questions that the majority and minority asked themselves in the Supreme Court of Canada, and conclude by analyzing that Court’s decision and its implications for Jewish spouses and spouses of other religious minorities going through the divorce process. First, though, the authors explain the nature of a get, the consequences of not obtaining one, and the responses of both Jewish and secular law, all crucial to understanding how Bruker v. Marcovitz was decided and how comparable cases should be decided in a multicultural society like Canada.

Keywords: Jewish divorce, multiculturalism, religious freedom

Suggested Citation

Kleefeld, John Charles and Kennedy, Amanda, ‘A Delicate Necessity’: Bruker v. Marcovitz and the Problem of Jewish Divorce (2008). Canadian Journal of Family Law, Vol. 24, pp. 205-282, 2008, Available at SSRN: https://ssrn.com/abstract=1937546

John Charles Kleefeld (Contact Author)

University of New Brunswick ( email )

PO Box 4400
41 Dineen Drive
Fredericton, New Brunswick E3B 5A3
Canada
+1 506 453 4701 (Phone)

HOME PAGE: http://www.unb.ca/kleefeld.html

Amanda Kennedy

University of New England (Australia) - School of Law ( email )

Australia

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