In S.I. v. M.I., decided Friday by the New Jersey appellate court (Judges Morris Smith and Lisa Perez-Friscia), an Orthodox Jewish couple divorced, and in the midst of the divorce proceedings agreed to religious arbitration as to whether the husband had to give the wife a "get" (the Jewish religious divorce that is required for a divorce to be viewed as valid within the Orthodox community). The arbitrator ordered the husband to give a get, but the state trial court refused to enforce the arbitrator's decree:
[P]laintiff moved to confirm the arbitration award…. [T]he judge denied the motion[], finding the court lacked "jurisdiction to confirm an award which would in effect order somebody to give a get—a religious divorce in the Jewish faith." He reasoned "the effect of that confirmation [would] … put the State of New Jersey Superior Court['s] stamp on an arbitration award telling one person they have to do something that … in their religion that is really beyond." Further, the judge found no precedent "would compel [him] … to order anyone of the Jewish faith to give another person of the Jewish faith a get."
No, said the appellate court:
